The Centre for Disability Law and Policy,
National University of Ireland, Galway,
Voice and Choice
Summer School
Held at the NUI, Galway
20 June 2013
Text streamed live to the web on www.seewritenow.ie
Telephone ……………………………. (0404) 64355
Fax ……………….…………………... (0404) 64354
Email …………………………………. info@pcr.ie
Website ……………………………….. www.pcr.ie
NUI Galway Summer School – 20 June 2013
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NUIG Summer School - 20th June 2013:
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CHAIR: Good morning everybody, we have the early morning risers, we're still waiting for
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some, but the fact that people have arrived on time we'll start on time.
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My name is Mary Keogh. I'm a final year PhD student here for with the Centre for Disability
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Law and Policy; I also work with CBM Ireland. My role is advocacy coordinator focusing
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around influencing policy around inclusive development. That's me. I'm pleased to be here for
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the day and I hope, it looks like we have a busy agenda and you are coming to the end of a busy
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week so we look forward to the discussions that we're going to have today.
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This morning we're starting with Victoria Lee, Victoria is a human rights officer of the
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Secretariat of the International Disability Alliance and works with UN treaty bodies, which
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include the Committee on Rights of Persons with Disabilities and other treaty bodies to ensure
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that the main stream of disability rights is in accordance with the CRPD. She has a long CV and
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has worked with Mental Disability Advocacy Centre in South East Europe where she engaged in
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strategic litigation before the European Court of Human Rights and European Committee of
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Social Rights on issues of discrimination, she also worked as a legal officer with the World
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Organisation Against Torture lodging cases through communication mechanisms. We're lucky
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to have Victoria, she has a wide experience working in the UN system and without further ado
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Victoria I will hand over to you to speak.
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MS LEE: Thank you Mary, good morning everyone. I'm very happy to be here and honoured to
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have been invited on behalf of the International Disability Alliance. As stated I work at the
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Secretariat of the International Disability Alliance, or IDA based in Geneva.
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Before I start I thought I'd give you background information about IDA so you can better
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understand how we're involved in the work of the CRPD committee.
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IDA is a network of regional organisations of persons with disabilities, we currently have 12
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members, we have 8 global members and they are Down Syndrome International, Inclusion
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International, Disabled People International, World Blind Union, World Network of Users and
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Survivors of Psychiatry, World Federation of the Deaf, World Federation of Deaf/Blind and
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International Federation of Hard of Hearing People.
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We have four regional members, including the European Disability Forum, Pass Circumstances
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Disability Forum, Arab Organisation of Persons with Disabilities and the Latin American
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Network of NGOs and persons with disabilities and their families.
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So our members have national DPO members across the world and IDA was recently legally
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incorporated, which is definitely a major milestone in strengthening the global leadership of
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DPOs.
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So IDA's mission is to advance the human rights of persons with disabilities, utilising the CRPD
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and other human rights instruments as a united voice of DPOs. Our main activities include
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advocacy before the UN, mainstreaming disability rights and CRPD standards across the treaty
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bodies and Human Rights Council and also within the development agenda of the UN. We also
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undertake capacity building of DPOs, focusing on global.
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I will draw on IDA's experience throughout this presentation, and I will look at reporting to the
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CRPD committee with a focus on parallel reporting by DPOs.
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So hopefully by the end of this presentation you will have a better understanding of the reporting
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process to the CRPD committee, understanding the process of drafting parallel reports and
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interacting with the committee and also an understanding of other reporting opportunities for
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DPOs.
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Just to let you know I'm using a PowerPoint and it's quite comprehensive, I'm not going through
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everything and no need to read everything at the moment, I think it will be made available to you
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later so you can use it as a resource. And I will be stopping and taking some questions every
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now and then, the first part is a little bit lengthy so please bear with me, then later on I do have
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some extractors of videos I would like to share with you.
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If I start with the CRPD committee so it's made up of 18 members they serve as independent
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experts, although they are elected by states they serve independently. They have mandates of
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four years and are eligible for re-election once. They are elected with consideration of equitable
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geographical distribution, gender balance, representation of principal legal systems and of course
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with participation of experts with disabilities. This picture I have on the PowerPoint is actually a
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picture of the old committee dating from last September, from this year there will be five new
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members in the committee, so currently the committee is composed of two members from Sub
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Saharan Africa, 3 from the MENA region, 4 from Latin America, 6 from Europe, 3 from the
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Asia Pacific region. 7 of the 18 are women and 17 of the 18 members are persons with
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disabilities themselves.
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The committee's activities. Firstly they review state reports and adopt concluding objections or
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recommendations. They receive individual communications and issue views on decisions, they
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undertake inquiries into states parties when there is reliable information of grave and systematic
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violations of Convention and they also hold thematic discussions or days of general discussion.
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So far they have held three, in 2009 they held one on legal capacity, 2010 on accessibility and
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just in April this year they held a half day of discussion on women and girls with disabilities.
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And usually these thematic discussions lead to drafting of general comments and general
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comments are basically elaboration of the interpretation of the committee on provisions of the
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CRPD and currently, so they are working on general comments on Article 12, Article 9 and
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Article 6.
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So specifically looking at state party reporting, once the state party ratifies the Convention they
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need to submit an initial report highlighting the measures they have taken to implement the
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different provisions of the Convention and then that will be their initial report and then every
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four years they are meant to submit a periodic report updating the committee on implementation
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measures.
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The committee has also issued reporting guidelines to help and guide states in their reporting
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obligations.
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And the Convention itself and reporting guidelines and also document of the committee called
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working methods highlight the role of DPOs in the reporting, state reporting to the committee.
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So state parties are supposed to consult with DPOs in elaboration of their state reports, to hear
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from DPOs what are their concerns, what are the challenges, which areas could be better
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improved.
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Of course this does not always happen or it doesn't happen effectively or meaningfully, which is
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why parallel reporting is so important. So basically parallel reporting is reporting by civil
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society and in the case of CRPD committee the DPOs to provide information to the committee
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from all persons with disabilities with respect to their lived experiences of the enjoyment and
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exercise of all rights under the Convention, of course covering the whole country.
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It's very important for DPOs to engage in parallel reporting because it's a key opportunity for
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them to raise their concerns, it offers DPOs a legitimate external source to which disability
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issues can be raised and addressed, it opens up public scrutiny of the issues and enables open
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debate.
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And parallel reporting's objective is to obtain strong recommendations by the committee directed
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to the government for better implementation of the CRPD.
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Now governments, when they are engaging with the CRPD committee or any treaty bodies for
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that matter it's definitely their tendency to praise or talk about the achievements they have made,
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they like to show off on the measures they have taken or the laws they have implemented or
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adopted, and they don't go so much into detail about the challenges that they are facing in
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implementing the Convention, which is why the parallel report is so important for the committee
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to get a balanced and objective view of what are the major challenges and barriers to CRPD
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implementation on the ground.
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So of course the State reports, the committee will receive the State report but when they receive
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the parallel report, they are sometimes called a shadow report or alternative report; they should
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be receiving information, which normally the State does not put forward.
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So parallel report of course should not simply repeat what a State report says, it needs to
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compliment that, it needs to identify the gaps and highlight priority area, present specific reliable
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and objective information so the committee can undertake an independent assessment of CRPD
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implementation in the country. Normally a State report should highlight challenges to
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implementation looking specifically at where implementation is being blocked, it might be a
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matter of ineffective laws or discriminatory laws which need to be repealed or replaced, it could
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be that they are ineffective remedies in order for rights to be upheld. There might be not enough
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budget invested into CRPD implementation, there could be a lack of training of personnel, so
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these are the concrete things that the CRPD wants to hear about in order to make really strong
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recommendations to the State.
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It's not about condemning the State for what it's doing or not doing, but really to engage in the
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constructive process to help the State in achieving the CRPD implementation.
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So when DPOs are engaging in parallel reporting, normally it's a preferred method that they
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engage, they dough this in a coalition, so this is just a few steps that DPOs might take in the
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elaboration of their parallel report.
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So building their coalition, having their initial review the key issues, key priority areas of
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concern, conducting a legal review of how the CRPD is being lived up to in national legislation,
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analysing the existing data, perhaps conducting additional research and data collection, to come
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to an analysis and elaboration of recommendations by all constituencies and then of course to the
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final elaboration of the parallel report.
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So it's definitely the preferred method that these parallel reports are done within a coalition,
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treaty bodies, not just the CRPD committee but all treaty bodies prefer that because it gives them
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a clear view of what civil society is thinking. If there are several reports being submitted with
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different priorities coming across it's very difficult for the committee to then have an objective
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view of what is the most important, what's the most pressing issues. It's also very much a matter
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of practicality, the committee and other treaty bodies have several reports to review, several
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countries to review, receiving length estate reports, receiving many civil society submissions, so
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they don't have the time to read in depth several different submissions and to analyse the
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different articulate and perhaps the different distinctions and priorities amongst the different
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reports.
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So it's definitely a matter of practicality but also a coalition report creates a legitimacy to the
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information submitted.
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It's very important as well that, and this is something that IDA has been stressing in our capacity
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building, that the report is about all persons with disabilities across all the States. It's not
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uncommon for coalition groups to be neglecting or overlooking certain issues or certain groups
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of persons with disabilities, simply because they are not actively involved in advocacy, they
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have been marginalised, often invisible, so from our experience we have seen a lot of coalition
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processes in different countries where persons with intellectual disabilities are really being
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marginalised, or deaf persons, indigenous persons with disabilities, we are really stressing with
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DPOs that they need to have a broad view, a comprehensive view, which groups all persons, all
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different constituencies across all the region, not just the capital, but also remote rural regions,
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with a view to all rights.
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It's very common in many country that is they have a strong focus on economic social cultural
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rights or perhaps more developed countries have a strong focus on civil and political rights, it's
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important that as the Convention is a hybrid instrument covering all rights, the committee does
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want to hear and receive information with respect to all of that.
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So well it's been challenging we do need to ask these questions to ensure that all groups are
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being considered in the review process. And it's very much a process the coalition building and
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parallel report drafting is very much a process, which is just as important as the end outcome of
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the recommendations.
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It's about the coalition coming together in many countries there might be a loose coalition, many
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groups perhaps had not been part of that, but it's about bringing them altogether, to learn
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together, to read the CRPD, to come to a common understanding of what that means and
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understanding which lives up to the committee's interpretation. So it's about knowledge building
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and partnership building and of course the results of that should be, should out last the CRPD
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review process, it should continue with respect to national advocacy and other advocacy goals.
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So we need to also ask ourselves are we effectively consulting with children with disabilities, are
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they speak for themselves in that consultation, are we covering indigenous persons with
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disabilities -- this has been coming up very often with respect to Latin American countries which
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have been reviewed recently, Paraguay, El Salvador, Peru and also Australia.
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So while DPO coalitions of course are important and should take the lead role in parallel
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reporting to the CRPD committee there is also of course a place for other organisations, other
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mainstream human rights organisations and for example the Australian DPOs and DPOs in
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Hungary were very inclusive of other NGOs involving mainstream human rights NGOs,
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women's rights NGOs and children's rights NGOs, because they all have their expertise and
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often implementation barriers are very much linked to institutional weaknesses in the country,
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and these other organisations might have perhaps more experience in working and advocating
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the government with respect to those weaknesses and there is a lot that they can contribute to the
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whole process.
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It's also been very important to engage with other organisations and academic institutions with
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respect to data collection. DPOs in El Salvador are partnering with a university there, which is
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taking on the role of collecting data, which contributes directly to their parallel report.
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In the Philippines DPOs are actively engaging with women's rights NGOs and NGOs working
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on economic, social and cultural rights. There is an NGO called social watch Philippines which
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has great expertise in analysing, undertaking budget analysis, so they are working together now
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to look at disability rights budgeting and seeing how the government is spending the money or
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not spending the money with respect to up holding disability rights.
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So of course research data and statistics play a very central role to DPO reporting. Often as we
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all know there is a lack of data and absence of data with respect to persons with disabilities or
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children with disabilities, so it's about not only highlighting the data that's available through the
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government or through civil society or academic institutions, but also looking at what's not
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available and what DPOs can do to try to gather information.
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Any small scale amount of data is better than nothing for the committee and DPOs can think
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about doing a surveyor focus, having a focus group on a municipal level or a city level in order
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to give information to the committee which they can then base their analysis upon. So for
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example in Uganda DPOs there have been under taking surveys through their membership
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organisations in the country, firstly just to see how many members, how many different
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disability groups are being represented. And this is also happening in Mali through their
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membership structures.
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So just some key points on drafting a parallel report, the aim of course to be comprehensive, but
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highlighting the key issues and priorities. Make clear, concrete and targeted recommendations,
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often these recommendations could be simply incorporated into the committee's own concluding
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observations, if they are very well formulated. So it's very important to get the message across,
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what are your key concerns.
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Recommendations should also be smart, specific, measurable, attainable, relevant and time
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bound. Identify responsible actors, propose a timeframe for implementation, this helps the State
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to then implement those recommendations. If it's a simple recommendation to implement
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inclusive education often the State does not know where to start but if the recommendation
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identifies the actors responsible, the Ministries, identifies specific actions to take, perhaps a law
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needs to be revised or training needs to be undertaken, budget needs to be allocated that really
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acts as a guide for States to then take that forward and make that, take that action.
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So IDA has develop add guidance document to help DPOs in the parallel reporting process. It
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really gives a clear outline of the review process, the different concerns they should be looking at
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under each provision of the CRPD and that's available on our website, available in English,
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French, Spanish and Arabic. It has been from our experience it has been quite a help to DPOs
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starting off from scratch.
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So I'm just, before I stop to ask if there is any questions on this, I just want to give some
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examples of some good practices by DPOs in their parallel reporting, so I have one example
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from a DPO report on China. Which of course it's very important in the beginning of their
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parallel report to highlight what are the systemic issues, what are the structural barriers to
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implementing the CRPD and the DPO report in China was able to clearly set this out, firstly
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setting out the identification of persons with disabilities by the government is NDA yet which is
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reflected by the low statistics of persons with disabilities, that of course is linked with the narrow
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scope and overall approach to disability, there is an inappropriate use of terminology by the
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government which adds to the entrenching of the negative image of persons with disabilities in
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the country, lack of legitimate and diversified consultation, inadequate formulation of laws, lack
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of remedies, and disparity between urban and rural areas and of course corruption.
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So the DPOs were able to highlight that in a page, where I was very helpful for the committee to
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know what were the key concerns they will be focusing on in the review.
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With respect to Austria and Australia the DPOs were able to be inclusive in their reviews, in the
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information provided. So with respect to Austria they had a lot of information on women and
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girls with disabilities, it was not just concentrate to article 6 to the analysis under article 6 but it
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was very much mainstream throughout their parallel report with respect to all provisions. Sop
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they were able to look at multiple discrimination, intersectional discrimination, bringing forth
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statistics about low employment, the low education achievement level of girls with disabilities
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linked to low employment level of women with disabilities and the very big disparity of the
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salaries between women with disabilities and women without disabilities and women with
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disabilities and men with disabilities.
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In Australia the DPO report was very good at mainstreaming indigenous persons with disabilities
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throughout their analysis of CRPD implementation, so these are very good examples of how
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DPOs can be inclusive in their reporting.
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I have an example with respect to Japan, unfortunately Japan has not ratified the CRPD yet, this
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was an example linked to a report they submitted to the committee against torture and I just want
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to highlight it because I think it shows, it's a good way that they have presented the information.
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So they were able to refer to the budget to show that there is a lack of political will and refer to
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the comparable practices in other countries. So Japan has the highest rate of admission to
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psychiatric hospitals in the OECD countries and it was the DPOs in Japan were able to highlight
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that 97% of mental health budget is targeted at psychiatric hospitals and only 3% is invested in
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community based services.
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So bringing this information to the committee against torture was very revelatory of where
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political will lies, where the government's political will lies and how it's not living up to the right
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to live in the community for persons with disabilities.
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As I said the Philippines is engaging in disability rights budgeting analysis and India as well.
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Just to show how the government is making use of the maximum available resources.
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Also linked to the report to Japan it's very useful for DPOs or civil vote to highlight the specific
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political and cultural context that the country is, that implementation is being conducted in.
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So again with respect to Japan it's a family based society, social and welfare benefits are targeted
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at families and not individuals and that directly links to the high rate of possible involuntary
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hospital admissions made of persons with psychosocial disabilities, often families don't receive
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support to take care of their family member at home, and they are often forced, they have no
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other resort, no other recourse but to resort to involuntary hospital admissions.
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With respect to China, of course it was very important to highlight China's one child policy and
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that links directly with the practice of infanticide of newborns with disabilities. Often parents
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who have a baby with a disability, they could resort to infanticide in order to ensure they could
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have another child and hope it will not be a child with a disability.
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With respect to Spain, it's very important as well for DPOs to elaborate on government action or
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inaction, the State report of the Spanish government stated clearly that their legislation is in full
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complains with Article 5, they have effective supervisory and sanction mechanisms in place. So
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the DPOs in Spain were able to rebut that. They said the legislation is not in compliance with
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the CRPD, Spanish law extend benefits and protection against discrimination to persons with
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disabilities, depending on their degree of disability, that is not in line with the CRPD. Also with
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respect to the supervisory and sanction mechanisms, the DPO highlighted that there is no data
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available on that, there perhaps have been ten complaints submitted but they have no information
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on what action has been taken with respect to those complaints, and also highlighted that the
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procedure is very slow.
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So in that way as you can see, if the committee had just had the government's report at hand they
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could very much believe all is well, but the DPOs were able to go into detail to highlight where
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the problems lie.
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So an example of recommendation that is are smart, concrete and constructive, DPOs in China
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highlighted the non-compliance of Article 14 of the Convention in the country, so persons with
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disabilities are being deprived of their liberty based on their disability and they made a
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recommendation to ensure that legislation permitting that was repealed and that community
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based services are developed and that there is investment in ensuring that persons with
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disabilities who are institutionalised are moved out of institutions and into the community.
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But they were very strategic because of course that will not happen overnight, so they specified
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that in the lead up to that action, in the lead up to repealing those legislative provisions, that
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persons with disabilities who are institutionalised have the right to release through judicial
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process and that they can appeal their placement decisions and that of course that reasonable
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accommodation is provided to them in detention settings.
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With respect to Tunisia when the committee was reviewing them they had just under gone the
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revolution, that recommendation was very much formulated in the context, they made
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recommendations about persons with disabilities being involved and having facilitated access to
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the up coming democratic elections and that they were involved in the drafting of a new
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constitution.
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Another good example of DPO parallel reporting is referring to other treaty body
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recommendations, so for example DPO report on Paraguay, they knew that there were already
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strong recommendations that had come out of the other treaty bodies such as the subcommittee
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for the prevention of torture and also some recommendations by the special rapporteur on the
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right to education, so they were able to refer to that to strengthen and reinforce their own
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analysis and recommendations.
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So it's very difficult at times for DPOs to figure out what are their priorities everything is
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important, all human rights are interdependent, they are all as important as each other, so it's
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sometimes difficult to then highlight, where are the key concerns, because they don't want to
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neglect certain areas.
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But in practical terms the committee of course has limited time, they have limited time to read
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submissions and to get a grasp of all the issues, and they also have limits on their, for example
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they have word limits on their recommendations and strategic observations. We need to be
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strategic when reporting to the committee, it's difficult but we need to filter out what are the key
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core issues we would like to get recommendations on.
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So most certainly the priorities will be focused on addressing the system, where systemic
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changes we are seeking. How can we propose sustainable solutions? Often that involves
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looking, obtaining recommendations regarding a human rights approach, so moving away from
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the medical model to the social and human rights model, mainstreaming of disability issues if
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disability issues are mainstreamed that's half the work done. Awareness raising, ensuring public
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and government officials and others are sufficiently educated about the CRPD and what the
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human rights model means, data collection, formulation of laws, and also of course training,
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monitoring and evaluation.
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These issues of course will have the greatest impact on the greatest number of rights holders, so
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of course that in itself calls for a priority action.
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But of course we cannot neglect when there are flagrant discriminatory provisions and practices
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in a country, so they might not affect hundreds of thousands of persons with disabilities but we
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can not stand that these provisions continue because they are no longer acceptable under the
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CRPD.
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Sop for example the discriminatory provisions in the law for abortion with respect to foetal
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impairment, this first came up with respect to Spain. In Spain according to the law abortions can
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be carried out up to 14 weeks, but if there is a detection of a foetal impairment abortion can be
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carried out up to 22 weeks, so this was a clear distinction based on disability which, if it
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continued to stand of course caused many problems -- it did not respect the principles and
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provisions of the CRPD. So it was very necessary according to DPOs to raise that before the
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committee. And that was taken up by the committee and included in their concluding
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observations.
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Another example which of course does not affect the large bulk of persons with disabilities in
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the country was in China there had been abductions of children, persons with intellectual
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disabilities and they were abducted and they were forcibly, they were made to forcibly work in
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mines, sometimes they had been killed in so called mining accidents, the results of which the
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mining company would receive compensation for the death of that worker. So there had not
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been effective investigation into those practices, there had not been effective prosecutions, so it
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was very, a priority issue that was brought up which addressed the impunity of perpetrators of
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violations of the CRPD of discrimination of violation of the right to life. So it was an issue
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which was a priority.
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And of course it has been a priority in most DPO reports is the practice of forced sterilization of
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women with disabilities. Of course that does not necessarily affect all women with disabilities,
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nevertheless, it's a practice that has been hidden, it's a practice for which the law continues to
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permit and which needed to be addressed as a priority issue.
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So incoming to conclusions about what are the priorities DPOs should consider the political
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climate, ledge legislative agenda, up coming opportunities such as elections and you can see that
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in the DPO reports they have very much taken that into consideration.
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So I might just pause there to ask if there are any questions about this first part? About the
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parallel reporting? I'm going to go into more detail about the process before the CRPD
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committee, but first wanted to ask if there is any questions about DPO parallel reporting? Just a
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few questions, because we don't want to get held up.
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SPEAKER: Thanks Victoria, one question is, two small questions, first how is working right
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now -- how much politics is involved during the process? So how States are interacting with
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members of the committee during the negotiations?
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And the second one is about how the committee has taken into account this parallel report, how
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much of it has been with DPOs during the process.
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MS LEE: Okay I'll take another question over there.
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SPEAKER: I want to know what standing a DPO must have before it's report may be taken
13
seriously by the committee?
14
MS LEE: What standing?
15
SPEAKER: I mean what kind of profile a DPO must have before it's report is likely to be taken
16
seriously by the committee, number one.
17
18
And number two is can educational institutions or centres in disability studies also present,
19
submit parallel reports.
20
21
And third, where can I read these parallel reports, are they available on the website of the CRPD
22
committee, thank you.
23
MS LEE: All right I'll just take those questions then. So first Alberto yes in the end it's always
24
political process, because it involves States, so from what I've seen so far, the committee has
25
reviewed 7 States and there has been quite active participation by government delegations. I
26
think we can even see from when we're there in the room how seriously the government is taking
27
the review process by how many people have been sent to Geneva to speak with the committee.
28
29
With respect to China it was something very rare, they had about 50 people from the government
30
filling up the room, they even took part of the NGO section.
31
32
With respect to Peru there were only three people and that was quite disappointing we could see
33
that the government was not really putting a lot of focus, making efforts to respond to the
34
committee. And that was very interesting because Peru was reviewed by the CRPD committee
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in one week, three people attended from the government, from the delegation and then it was
2
reviewed by a committee on economic, social and cultural rights two weeks later, they had quite
3
a large delegation, at least 10 people, so you can see how the government is giving priorities to
4
different treaty bodies to the different rights being examined in those treaty bodies.
5
6
But nevertheless governments have shown a lot of openness and willingness to listen to the
7
committee. Of course we'll see how far that translates into action, but I think they have been
8
very much willing to learn from the committee, from the beginning of the CRPD review
9
processes, so they have been open to listening.
10
11
With respect to how the committee is taking into account parallel reports. I would say that they
12
have been taking them into account very well. They are very open to civil society input and of
13
course DPO input, and often if we really exam the DPO reports and look at their concluding
14
observations we can see how whole sections have been translated into the concluding
15
observations. We can even see during the constructive dialogue taking place in Geneva the
16
questions posed by committee members are often linked to the issues that the DPOs have raised
17
so it's very, it's working very effectively.
18
19
With respect to the profile of DPOs to make submissions to be taken seriously. As I said the
20
committee prefers receiving coalition reports, so by coalitions of DPOs. Because there is more
21
weight given to that, it's supported by several different DPOs, in some cases for example in
22
Paraguay they have been supported by 50 different organisations, in Australia their reports are
23
endorsed by 70 DPOs and human rights organisations, so it's just a lot easier for the committee
24
to receive those coalition reports.
25
26
Of course they will receive reports from individual DPOs as well but if they know how many
27
organisations are behind it they will give that weight accordingly.
28
29
With respect to educational institutions and academic centres, yes of course they can also make
30
submissions. Again if they can partner with DPOs or DPO coalition that just facilitates the
31
interaction with the committee and facilitates the coordination of issue and how the information
32
is presented.
33
34
And finally where to read the parallel reports. On the committee website they have a website for
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each session and they post the DPO civil society reports which are submitted on that country,
2
which will be examined in that session. On IDA's website as well we have also re grouped all
3
the different DPO reports so you can look at that on our website.
4
5
So I might continue now to look more at the reporting process, look at the different stages of the
6
review so I've got this circular schema up on the PowerPoint, which shows the different stages of
7
review before the CRPD committee.
8
9
It starts off of course with ratification after which the next step is for the State to submit the
10
initial report. Once that's submitted the committee undertakes a preliminary review of that report
11
and adopts what's called the list of issues of the list of issues is simply a list of questions that the
12
committee sends to the State asking for clarification on certain issues, perhaps they didn't
13
understand certain part of the State report or didn't have enough information or statistics with
14
respect to a part of it have, it's just a list of questions which the government should reply to
15
within two months.
16
17
It's an official written reply and of course that reply is also translated. So the State report,
18
committee's list of issues and written reply are all translated into the UN languages and also
19
concluding objections. Once the government send written replies the next stage is for interactive
20
dialogue which takes place in Geneva, so committee members will be there, the government will
21
send a delegation, they will review the State report within six-hours, so it's a whole day of the
22
committee's time.
23
24
The head of the government delegation will first open with general overview, perhaps some
25
updates since the State report was submitted which lasts about 15 to 20 minutes after which a
26
committee member who is particularly designated as the country rapporteur on that country will
27
take the floor and start asking their questions.
28
29
So the committee usually examines reports through clusters so it will start with for example
30
articles 1 to 5 or articles 1 to 10 and look at articles 11 to 20 and then 21 to 33, so the end of the
31
session they will have covered all articles and heard the government's information on
32
implementation of all CRPD articles.
33
34
After the dialogue the committee will meet in closed session to adopt the concluding
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observations, so the concluding observations are simply recommendations directed to the
2
government, highlighting the area in which they really need to work to improve implementation
3
of the CRPD.
4
5
In the concluding observations it's a practice that the committee has been doing since the review
6
of Peru, they have now been identifying certain paragraphs of the recommendations for which
7
they want the government to report back on within two years or one year, so they have been
8
highlighting what areas are for urgent follow up within a year or two years and asking the
9
government to report back on that, we think that's a very good practice because reporting back
10
within four years is a lengthy time and perhaps that could even be longer with a backlog of the
11
committee's work at the moment, sob issues of immediate follow up help the government to
12
focus on priority issues.
13
14
So after concluding observations are adopted the next step is for the government to implement
15
those recommendations to report back on those immediate follow up issues and to continue up
16
holding the rights of the CRPD.
17
18
And then the cycle starts again, they will submit their periodic report and go on that way. So
19
that's the reporting process. And now we can look at where DPOs can be involved in process.
20
21
So up on this PowerPoint I have now the blue circles which represent the different points of
22
DPO interaction, so of course DPOs can start by being, well State party has an obligation to
23
consult DPOs in the formulation of the State report.
24
25
Once the State report has been formulated, drafted DPOs can submit their open parallel report.
26
In addition they can submit a specific document or submission on the list of issues, so together
27
with their parallel report which covers everything, then they might decide to make a submission
28
which is shorter which looks at list of issues which highlights priority issues and proposes
29
certain questions that the committee might consider incorporating into the list of issues sent to
30
the government.
31
32
So that's a written submission, but there is also time for, and space for DPOs to come to Geneva
33
to hold a briefing with the committee before the committee officially adopts their list of issues
34
and IDA have been facilitating that DPO participation in Geneva and been holding what we call
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lunchtime side events or coffee briefing side events in which DPOs are able to brief the
2
committee, the committee members are able to ask questions to get clarification on what are the
3
main issues, and that really, we've seen that really helps the committee to focus on, better focus
4
their list of issues.
5
6
The committee sends the list of issues and awaits the government's responses. At the same time
7
we really encourage DPOs to send themselves, their own responses to those list of issues, so that
8
when the committee receives the responses from the government they have that and they also
9
have responses from the DPO so they are able to compare how the government sees they have
10
been implementing this or what statistics government has in hand and what is the view of DPOs
11
on that same question, so together that really facilitates the committee's review of the concerns.
12
13
The next step of course will be the interactive dialogue and before the interactive dialogue takes
14
place there is also space for DPOs to come to Geneva, there are two different briefing that will
15
be taking place T one is during the formal session of the committee they have made some time
16
available for DPOs in a private session, so it's only open to DPOs, States are not allowed of
17
course, to brief the committee and that's really useful because there is interpretation provided and
18
they are able to brief the committee, often there is not enough time for committee members to
19
ask questions, but it's a good opportunity for them to address, for DPOs to address the committee
20
and then of course we again hold a side event during lunch time or in the morning, for there to be
21
more time for exchange between DPOs and committee members.
22
23
That's very useful for committee members to really focus their questions that they are going to
24
be asking the government delegation during the dialogue. Of course the dialogue will take place,
25
DPOs will be present, of course they do not have the right to speak during those dialogues, but
26
again it's very important for DPOs to be present, to listen, to follow the dialogue, there is often
27
breaks where the government delegation meets in private in order to prepare their answers to
28
committee questions, in these breaks of course it's open for DPOs to address, to approach
29
committee members, they might say well the government's response on that was completely
30
inadequate, they forgot to mention this, or that's completely erroneous what they said, or just to
31
provide clarification as the DPOs are the ones with the experience and expertise on the ground.
32
33
Once the concluding observations are adopted we say that this is actually where all the work
34
starts for DPOs, where the hard work actually starts. To take the recommendations of the
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committee and make them mean something on the ground in the country, so is to take them and
2
advocate, to propose to work with the government, to work with different actors, to ensure that
3
those recommendations are translated into real action.
4
5
So those are the different steps of the review process and the ways that DPOs can participate in
6
that. As you can see there are different, several different opportunities for DPOs to engage in
7
face-to-face briefings with the committee. The side event on list of issues, private formal
8
briefing to the committee members, the side event before the dialogue and of course we also
9
facilitate informal meetings between DPO and the country rapporteur or DPOs and other
10
members of the committee, so they have more time to discuss more freely.
11
12
There have been occasions where DPOs were not able to come to Geneva to present to the
13
committee for different reasons, the first country under review Tunisia had just undergone their
14
revolution and they were not able to engage in the reporting process. So of course we still
15
wanted committee members to hear what were the concerns of Tunisian DPOs on the ground so
16
IDA was able to visit Tunisia to gather together grass-roots level DPOs to hear from them, what
17
are their concerns what do they want to get out of this committee review process, what will help
18
them the most in continuing implementation of the CRPD.
19
20
So we were able to present a submission in their name and also to brief the committee on their
21
behalf.
22
23
With respect to main land China, of course we all know the security concerns that are opposed to
24
DPOs and human rights NGOs, it was their choice not to come to Geneva they felt the risks were
25
too high but before the review took place we were able to engage with main land DPOs and
26
DPOs from Hong Kong in Hong Kong, in a training workshop, to hear from them, their main
27
concerns, and draft it together as a submission, of course their names do not appear on that, they
28
wanted to submit that anonymously through IDA, so we were able to do that for them and to
29
present the information to the committee on their behalf.
30
31
Our role is really to facilitate DPO participation and we try to overcome the different obstacles,
32
which are facing DPOs in real life situations.
33
34
So I just have some pictures up of DPO briefings to the committee, there is pictures from the
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DPO delegation from Paraguay, Hong Kong and from Argentina. And here we see a self-
2
advocate from Paraguay addressing the committee through sign language; there is also pictures
3
of DPO delegations from Australia, Austria and El Salvador.
4
5
So I just want to stop there. I still have more, but just stop there to ask if there are any questions
6
on the review process or DPO interaction in Geneva?
7
SPEAKER: I would like just to hear your view of the situation that we had in Serbia, so DPOs
8
were invited to participate in the drafting of State report and there was a stand of national
9
disability organisation that they didn't want to participate in drafting of State report, but they
10
would rather send their parallel report. So could you comment on that? Because I believe that
11
DPOs can both participate in helping State to draft the report but also submit their independent
12
report, so I was just wondering whether you can comment on that, thank you?
13
SPEAKER: You talk about shadow report from DPOs in China and I am wear of the DPO could
14
not go to Geneva for the meeting; you also talk about strategies for IDA to hear from the DPOs
15
in China concerning political issues and atmosphere. I wonder how IDA can promote and help
16
DPOs to have open dialogue with the government, so that the two sides can represent a
17
comparatively true picture of what the disability rights situation in the countries, through the
18
process. I mean talking with DPOs privately is helpful to get a true voice, but I would think
19
initiating an open dialogue between the government, the State, and the DPOs in their own
20
countries would be more helpful and sustainable. Thank you.
21
SPEAKER: I've got a question regarding the involvement of DPOs after the concluding
22
observations have been published. You said there are ways to facilitate the implementation of
23
those recommendations in the State party. Would you have promising examples that you could
24
refer to or that could serve as good examples for countries like Germany, how this could be
25
done?
26
SPEAKER: Good morning, first I'd like to thank you for a very interesting presentation. I'm
27
just curious to know, you were talking about points of engagement with the committee and you
28
listed a number of them, I wondered if IDA or other organisations have also given consideration
29
to using the conference of estates parties as an opportunity to engage with members of the
30
committee, because certainly those folks or some of them participate in those meetings in New
31
York city and I know NGOs from the Americas for example often find it easier to get to those
32
than they do to meetings in Geneva and so on.
33
MS LEE: Right I'll start with those questions. So the example from Serbia, that's actually
34
something that commonly happens, where States of course through their consultation with DPOs
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might propose that the DPO take part in the drafting of the State report.
2
3
We pretty much advise DPOs not to take part in the drafting itself, of course to take part in the
4
process, to air their concerns to the government but not to be involved in actual drafting, because
5
we find that often binds them to then not be free to draft their own parallel report and the
6
government can easily say these DPOs some of them are the authors of our own report, so
7
obviously their views are reflected.
8
9
So in order to counter that argument we would rather propose that DPOs take part, they give
10
their views but they do not take part in the actual drafting, so that they are free to draft their own
11
report and give their own views. Of course the government may not reflect their views in their
12
own report that's up to them and often that's the case, but, which is why the parallel reporting
13
process is all the more important that DPOs can independently say and share what their views
14
are through an independent report.
15
16
With respect to China, certainly we encourage DPOs to work with the government, to have open
17
dialogue with the government, to ensure that CRPD is implemented. CRPD cannot be
18
implemented without DPOs we know Article 4.3 the State has an obligation to actively involve
19
and closely consult DPOs in the formulation of laws and implementation of all aspects of the
20
Convention. So in that sense definitely DPOs have a huge role to play. However, in certain
21
country situations and of course we can not say which are those country situations, but we have
22
to trust that the DPOs know that themselves, this co-operation and open dialogue could not be
23
done in a constructive manner, perhaps not yet.
24
25
We were so we were to really speak freely with our DPO partners in main land China and they
26
were, they took the decision themselves that they would participate in our workshop and give us
27
information and make submission anonymously. However they did not feel that it was -- they
28
felt that their situation would be at risk if they were to divulge their identities.
29
30
So in that kind of difficult situation where open dialogue is not yet feasible we have to think of
31
other strategies, other ways to ensure that the CRPD is implemented. And in China in particular
32
one of the major issues that was brought up was that the government claims that it consults with
33
DPOs and consults with China disabled person's federation which from what we've heard is
34
another arm of the government, so it's not independent representation of DPOs.
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2
So that was, that's stipulated by law that the government consults with this one umbrella
3
organisation. So one of the important aspects of the review was how to ensure that the
4
government consults with a diversified range of DPO not just CPD F, that came out in
5
concluding observations and that was one of the points that the committee identified as an area
6
of immediate follow up within one year for that law to be revised and for the government top
7
open up its consultation with other organisations and not just this one structure.
8
9
10
So yes we encourage open dialogue but of course it's a case-by-case basis. With respect to the
different political, cultural and other concerns and contexts.
11
12
Concrete examples of how DPOs have been involved in the concluding observation
13
implementation. Well with respect top Tunisia there were some concrete concluding
14
observations on the elections, first democratic election in 50 years in Tunisia and also on the
15
drafting of their new constitution that DPOs are involved and that was very much, that was
16
carried out, DPOs were very active in calling on the government to ensure that the elections
17
would be accessible, that the elections would be open to all persons with disabilities and they
18
were very active in training and interacting with the government in how to ensure that that would
19
work.
20
21
With respect to the new constitution they are also involved, they are still involved in the drafting
22
of that constitution and currently working on ensuring a specific provision on the rights of
23
persons with disabilities in the constitution. It hasn't been easy, but they have been working with
24
other human rights organisations and other experts to ensure that the new constitution will
25
include them.
26
27
Other examples, with respect to Peru, at list of issue stage it was raised that there had been the
28
removal of over 20,000 persons who were largely persons with intellectual disabilities from the
29
electoral register, after the committee adopted their list of issues and highlighted a question on
30
the right of persons with disabilities to vote, the Peruvian government already took steps
31
between that time and constructive dialogue took steps to try to reintegrate those people in the
32
electoral register, of course there were other barriers involved, some steps taken thanks to DPOs
33
lobbying on the ground and active in that area.
34
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I will need to think about that more. But I will get back to you on that. But yes, as I said the
2
recommendations cannot be implemented without DPO submission and that comes out clearly
3
throughout all concluding observations of the committee, DPOs are involved in every aspect,
4
they are consulted, part of the national monitoring mechanism, that they are involved in the
5
development of accessibility standards and all aspects of implementation of the CRPD.
6
7
So I might just now try to show you, if there is -- does anyone have any other pressing
8
questions?
9
SPEAKER: There is interference coming in from a mobile phone I don't know if anyone has one
10
on them near a microphone, but can you be conscious of that it's disturbing for people and hard
11
for speakers to deal with, we can turn off all the phones or else we can just make sure whoever
12
that person is, we won't point you out, but if you could put your phone off that would be
13
appreciated, thank you.
14
MS LEE: So I wanted to show a few extractors of the webcasts that we've been undertaking of
15
the CRPD committee reviews, so since the review of Peru IDA has been webcasting live the
16
committee review sessions and they have also been archived on websites so people can watch
17
them afterwards.
18
19
So this is the review of Paraguay that just happened in April, this is a question from one of the
20
committee.
21
22
(Video played)
23
"SPEAKER: Thank you very much, I have a few questions, the first one is about Article 4.3 on
24
the involvement of organisations of persons with disabilities, and in that relation I would like to
25
know what kind of concrete initiatives are taken from the State of Paraguay in supporting the
26
involvement of organisations of persons with disabilities and how is it actively carried out in a
27
way that is really involving those groups, and I mean all groups, it's all kind of disabilities,
28
including organisations representing children with disabilities.
29
30
In relation to article 7.3 I would like to know what type of concrete initiatives are taken from the
31
State of Paraguay into securing the right of children with disabilities to express themselves.
32
33
In relation to Article 9 I would like to know what kind of initiatives have been taken to involve
34
organisations of persons with disabilities in drawing up standards on accessibility, standards that
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are covering all kind of disabilities, including easy read text for persons with intellectual
2
disabilities.
23
3
4
In relation to article 8 I would like to know what kind of concrete initiatives are taken to make
5
sure that the understanding of persons with disabilities among the citizens within Paraguay are
6
respecting the dignity of persons with disabilities. In relation to that I specifically want to know
7
something about how to teach the section of persons with disabilities through the language used
8
to refer to persons with disabilities. Thank you."
9
MS LEE: So I just wanted to show that because it really highlights how the committee is
10
looking at DPO participation, as you can see it was very much about DPO participation, but not
11
just DPOs in general, but looking at specific groups, and ensuring that all groups of persons with
12
disabilities are covered, are participating, are consulted, and as you can see Mr Langvad
13
specifically identified children with disabilities persons with intellectual disabilities because they
14
are often overlooked, they are often not information available in easy to read plain language for
15
persons with intellectual disabilities and children with disabilities which means they are not able
16
to participate on a equal basis with others.
17
18
Of course these concerns were raised directly by Paraguayan DPOs and we'll see that in their
19
concluding observations adopted by the committee on Paraguay they were reflected, so firstly
20
the committee called on the government to harmonise legislation to promote plans and
21
programmes on disability with a focus on human rights, to include transversely people with
22
disabilities in all elements including the national human rights plan.
23
24
Other concluding observations that the committee made with respect to this have been to ensure
25
that human rights model of disability, inclusive definition which embraces the human rights
26
model, including persons with psychosocial disabilities.
27
28
So we can see that they are very much looking at the broad scope of persons with disabilities, to
29
ensure that nobody is excluded.
30
31
On DPO participation with respect to Paraguay, the committee recommended the government to
32
establish a permanent consultation mechanism with organisations of persons with disabilities
33
taking into account the diversity of disabilities represented, including children, women and
34
indigenous population, so knowing that those groups have been often marginalised they made
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the point to explicitly include them.
2
3
With respect to accessibility, the committee made a recommendation for control for the
4
participation of organisations of persons with disabilities and monitoring of compliance of
5
control mechanisms and sanctions regarding accessibility.
6
7
And then regarding awareness raising and training, the committee recommended that the State
8
amend the terminology used to refer to persons with disabilities and to promote campaigns,
9
awareness raising campaigns which strengthen the image of persons with disabilities as holders
10
of all human rights. So just to show you what the practical outcome of DPO reporting and DPO
11
participation in Geneva, what that can look like.
12
13
I just want to talk also about a very important aspect for DPOs as well, the other opportunities
14
available before other treaty bodies. Of course the CRPD exists and it will be the most relevant
15
instrument for DPOs to ensure human rights of persons with disability but other instruments also
16
cover such as international covenant on civil and political rights, Convention against torture,
17
Convention on the Rights of the Child, Convention Onny elimination of discrimination against
18
women etcetera, all those instruments also cover the rights of persons with disabilities.
19
20
Yet those bodies have been very reluctant or have not embraced attention toward persons, the
21
rights of persons with disabilities. And there are many reasons for that. While they have the
22
CRPD itself, the paradigm shift is not fully grasped by other treaty body members. They might
23
not know about disability rights to gyp with and they are not hearing from the DPOs, so if they
24
are not hearing from DPOs about concrete issues on the ground it's very much more difficult for
25
them to make any comment on that.
26
27
So they are hearing from refugee rights groups, hearing from women, hearing from persons in
28
political exile but not hearing from DPOs, which reflects the recommendations. It's very
29
important for them to hear from DPOs so they can include them in their examination.
30
31
It's important for several reasons, because what IDA has been really working for is the
32
mainstreaming of CRPD rights across the UN, across all treaty bodies, it's important that there is
33
substantive coherence across those treaty bodies, for one to up hold the legitimacy of
34
international human rights law, it would make no sense for one treaty body to be saying one
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thing on for example inclusive education, and the CRPD committee to say something else, that
2
would put at risk the core of international human rights law.
3
4
And on a very practical level, for States to implement the recommendations that treaty bodies are
5
making, it's very important that those recommendations are consistent with each other. If a State
6
party hears a recommendation from a committee to do it this way and the CRPD committee says
7
do it that way, it's simply an excuse for the State party not to implement that recommendation, so
8
on a very practical level, in order for States to uphold the obligations on the ground.
9
10
So I just wanted to show you two more extractors of videos to see how is that dynamic.
11
12
(Video played)
13
"SPEAKER: Thank you Mr Chair, I have questions on Article 12 this is a very difficult situation
14
I understand, do you have an estimate of the magnitude of the problem...
15
16
On Article 14, I understand that the ombudsman of the country and civil societies domestically
17
and internationally expressed concerns about recently adopted law, mainly the law number
18
29737, which is an amendment to the Mental health Act and which introduced a new way, in
19
addition to the already existing ones, to deprive people with, again outdated terminology, mental
20
disorder including people with addictions, to deprive their right to liberty.
21
22
I would like you to explain what measures your government is planning to change all the
23
particular legislation top ensure all people with disability, including people with intellectual
24
disabilities and people with psychosocial disability cans enjoy the right to liberty on equal basis
25
with others.
26
27
Last question is about those population which exist if every country..."
28
MS LEE: So that was a question from Mr Gambos with respect to Peru. I just want to show you
29
another one.
30
31
This is a member of the committee against torture and this is actually a review on Japan,
32
however it's on the same issue of mental health.
33
34
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"SPEAKER: The Act of Mental Health and Welfare for mentally disabled establishes operating
2
parameters for facilities. Article 76 requires countries to judge any restriction of a patient
3
activities, additionally Article 37 allows for physical restraint only as a last resort in cases of
4
suicide or self injury, hyper activity or if the mental disorder is life threatening without restraint.
5
If restraint are used the patient is not notified of the reason and monitored during the use of
6
restraints.
7
8
If patient was compulsively hospitalised, discharge requests are made to the Administrative
9
Appeal Act with the Minister of Health, Labour or a lawsuit is filed under the Administrative
10
Case Litigation Act. Is there a statutory time limit to physically restraining a mental patient, also
11
in the light of the committee's previous concluding observation can you provide information on
12
the steps taken to ensure effective judicial control over the detention procedures in public and
13
private mental health institutions. Also can you provide in details the number of requests made
14
for discharge or improved treatment and the number of granted requests, and also what are the
15
factors for granting a discharge request.
16
17
Also it has been reported that Japan has one of the highest rate of the involuntary patients held in
18
mental health institutions and usually the length of the stay is quite big, can you also provide us
19
with information what is the reason that outpatient services in Japan are not well developed and
20
most of the patients requiring assistance by mental health institutions usually end up being
21
institutionalised and if there are any steps to develop out patient services and to drop down the
22
number of institutionalised persons held in the mental health institutions. Also can you provide
23
us with more detailed information, what is the involvement of the courts when the involuntary
24
placement decision is taken by the facility itself?"
25
MS LEE: Okay so I wanted to stop there and ask some questions to you about that but I think
26
we don't really have time because I still have some stuff to share with you.
27
28
So maybe I will just quickly finish this and we can see. So we can see that there is definitely
29
priorities of focus by the CRPD committee and the committee against torture when it comes to
30
issues, common issues such as mental healthcare of persons with disabilities or deprivation of
31
liberty on the basis of disability, and while these two reviews of course benefited from the input
32
of DPOs so proving DPOs with respect to the question from Mr Gambos and with respect to the
33
question of Mr Tugushi of the cat committee our colleague from Japan was there with user
34
survivors of psychiatry and was able to brief the committee, we had a separate meeting with
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Mr Tugushi before the review, yet we can see there are different areas of focus and that is
2
reflected in the recommendations.
27
3
4
So looking at the recommendations that the CRPD committee; with respect to Peru the
5
committee calls upon the State party to repeal the law in order to prohibit the deprivation of
6
liberty on the basis of disability, including psychosocial, intellectual or perceived disability,
7
that's very clear.
8
9
It then goes on to urge the State party to investigate allegations of inhuman treatment in
10
psychiatric institutions a ensure persons with disabilities are included in the community and
11
released from these institutions.
12
13
Whereas the concluding observations of the CAT committee are very much focused as we can
14
tell from his questions, they are focused on the control mechanisms, on what are the legal
15
safeguards in place to ensure that there is a review of placement decision, that there is effective
16
appeal mechanism, that the use of restraints in solitary confinement should be avoided or applied
17
as a measure of last resort. Obviously these things are not CRPD compliant and this is what I'm
18
trying to address, the fact that different treaty bodies are developing different standards on the
19
same issues, on issues, which concern persons with disabilities.
20
21
It would be a great pity for the CRPD to be watered down through the development of standards
22
of other treaty bodies while DPOs worked so hard to get this Convention and were participating
23
so heavily in the formulation of the CRPD and the innovation which it represents the paradigm
24
shift which it represents, it's just as important for DPOs to engage with those other treaty bodies,
25
which are also looking at the same issues, or the risk will be that, like this, diverging standards
26
will be developing which conflict with each other.
27
28
So this was a very disappointing result for the Japanese DPOs and for IDA, for the world
29
network of users and survivors of psychiatry and we are currently engaging in advocacy to show
30
the cat committee why we are not satisfied with their recommendations and urging the different
31
committees to engage with each other.
32
33
So I will just finish on final recommendations or tips for DPOs. So to ensure that their inclusive,
34
for DPOs to be inclusive to ensure they are covering the rights of all persons with disabilities and
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with respect to all their rights, that they take, they are proactive in reporting to the CRPD
2
committee and working together with other stage holders such as mainstream human rights
3
NGOs, that they cease other opportunities to participate before the other treaty bodies, and it
4
could be a very simple matter, it could be that they have already drafted their parallel report to
5
the CRPD committee and reporting to the committee against torture or committee on the rights
6
of the child would be just a matter of extracting the relevant sections of their larger parallel
7
report and presenting that information to that other committee.
8
9
Or it could be a trigger to the whole parallel reporting process, for countries which have not yet
10
been under review by the CRPD committee and will not be for many years or for countries
11
which have to the ratified the CRPD that they have resource to other human rights mechanisms
12
to receive really strong recommendations, so for example with respect to Brazil, they had not
13
been under review by the CRPD committee and will not be for some years now, but the DPOs
14
were able to come to together to work on a submission about discrimination, again that got them
15
thinking about which issues to raise and focus on in elaboration of their report to the CRPD
16
committee.
17
18
So it's very important to cease those opportunities to mainstream CRPD standards across the
19
board, across the UN and across regional human rights mechanisms as well.
20
21
So there is just the IDA website and my contact details and the website of the treaty body
22
webcast, you can have a look at them, they are in the archives, to really study them and get to
23
know what are the focuses of the CRPD committee, to better be able to work with them and to
24
up hold their interpretation.
25
26
So thank you for your attention. One more thing, I overlooked Steve's question on the
27
conference of State parties I will just quickly answer. Yes, I agree that the conference of State
28
parties is definitely a very good forum for DPOs to engage with committee members, of course
29
they will all not be present, however there will always be a few of them there, and I believe that
30
inviting them to side events, inviting them to have informal meetings, is very important.
31
32
Of course they will perhaps not be in the mode of hearing concrete information specific to your
33
country if your country is not going to be reviewed yet, but to engage with them, to find out their
34
views, their priority concerns as a committee, as individual members, I think that's very
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important. So any different means to interact with the committee members, who are all very
2
open, I think that's very important. So thank you for your attention and I don't know if we have
3
time for questions.
4
CHAIR: Thank you Victoria. You made my job easy as a chair, you have managed questions
5
already. I think we are stuck and I am going to be fairly strict we have a busy schedule this
6
morning, if there is one burning question that anybody would like to ask before we break for
7
coffee break, I think Victoria has done an amazing job of navigating through the UN system
8
treaty bodies which is not normally the most interesting to listen to, but I think you have
9
managed to do a very engaging presentation.
10
11
So unless anybody has a really burning question, I'm sure Victoria you are available to have a
12
chat after, we can break for coffee, anybody have anything? No. Okay. We're schedule to come
13
back at 11.15, we might do 11.20 so you get your 15 minute coffee break, is that okay?
14
15
Coffee break
16
17
CHAIR: Okay everybody we'll start with our next session we're a little bit late so we'll hopefully
18
stick to time and finish by lunch time, I'd like to introduce Gauthier De Beco who holds a JD
19
from the university of Lueven, a PhD in law, he is currently a Post-Doctoral research at the
20
Lueven Institute for Human Rights where he researches National Human Rights Institutions and
21
Convention on the rights of people with disabilities. He is also the author of three books as well
22
as many articles in the field of human rights, I think we are really lucky to have him here, I have
23
listened to his presentations many times before he is very enlightening, particularly around the
24
role of Article 33, I'm going to handover to Gauthier, I will say I might be a little strict on time,
25
just warning you in advance. After Gauthier gives his presentation, he will integrate questions
26
into, we'll have a response from two students from the Centre of Disability Law and Policy to his
27
presentation.
28
PROF De BECO: Thank you very much for the introduction, do you hear me. I would like to
29
thank the organisers for inviting me and for their continued interest in Article 33 which I think
30
only my personal opinion, but it's one of the most important aspects of the Convention, and I will
31
tell you why during my presentation.
32
33
So you can use my PowerPoint if you're interested in this article, but as was mentioned I have
34
written about this for different capacities, just did a book on it with several case studies and I
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also have done a report on the implementation of Article 33 for the office of the UN high
2
Commissioner for Human Rights, but date in 2011 I'm currently updating and I have provided
3
advice to several States, so I have both research and practice on this issue.
4
5
What I want to say is my main focus is Europe, already very broad for me, so pardon me for my
6
examples mainly come from that region, but I think during the responses we have examples
7
outside of Europe.
8
9
So I framed everything that concerns Article 33 which I call national structures for
10
implementation and monitoring of the Convention, it's a passionate area and important for
11
different reasons, one of the things is that when a State ratifies the Convention, one of the first
12
things it will do is to find a solution, or solutions, to implement Article 33.
13
14
And what it will do at that time, the bodies will designate the mechanism it will create to ensure
15
participation of persons with disabilities will have a huge impact on implementation afterwards.
16
17
Because these mechanisms will facilitate implementation of all the articles of the Convention we
18
have discussed earlier. So it's very important that this is done well and this works, otherwise the
19
implementation of the Convention might be seriously delayed.
20
21
Now just to discuss this article I cannot just focus on its different provisions although I will do
22
so, but I need also from time to time to take a step back and to understand from where it comes,
23
what is the broader context, to which bodies have served as inspiration for the different parts of
24
Article 33, although of course my main focus will remain the content of this article and I will
25
also try to come with different examples.
26
27
The last thing is that I will from time to time between the different parts of Article 33, stop and if
28
you want then you can ask questions. We'll have -- I will come myself with examples, but if you
29
have anything at the end then maybe if you have a comment or example you want to share, do
30
this, we can as well but please give them at the end not during the different question times during
31
the presentation.
32
33
Oh it's not finished, don't worry! It was the wrong button. Just to test your attention!
34
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Okay so what are we talking about now? We are not talking about substantive rights like
2
inclusive education or legal capacity. As you saw already this morning we are talking about all
3
these mechanisms that ensure that the Convention is turned into practice. All this monitoring
4
and implementation mechanisms.
5
6
And as during, in the UN framework, so CRPD is a UN treaty we see that for the last 20 years
7
there has been a lot of attention to the issue of implementation as what was said by a former
8
Secretary General, we need to move from the area of legislation to an area of implementation.
9
And why is this? Because we have seen especially for instance with the Convention on the
10
Rights of the Child, that there have been a lot of treaties with very good goals and good ideas but
11
implementation on the ground is not so good.
12
13
So this is why implementation is important. And as you know, as far as the CRPD is concerned,
14
the question of implementation was in everybody's mind even during the drafting, and we saw
15
earlier some people spoke about implementation Convention, the idea was to better understand
16
how many rights and to specify and tailor them to persons with disabilities. So the aspect of
17
implementation was an important issue.
18
19
And we see this also as far as implementation mechanisms are concerned. We have spoken
20
about the international monitoring mechanisms, now I will speak, we'll go a level closer to the
21
local level, which is national level, and as you see I took this quote, the struggle for human rights
22
will be won or lost at the national level, Jack Donnelly.
23
24
The national level is very important, it's not to say that we need of course international
25
mechanisms, to exercise control on the way in which States fulfil their commitment. But it is at
26
domestic level human rights will be implemented or not implemented.
27
28
So the Convention needs to be domesticated at national level and it's important that organisations
29
of persons with disabilities and all organisations give them appropriate and take this Convention
30
and use it in their daily work.
31
32
So the idea is to close this implementation gap about which I was speaking earlier and this is we
33
have such an elaborated provision for implementation and monitoring of the Convention.
34
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So now let me first, very briefly, present to you Article 33 and then I will speak about different
2
provisions. So I will then also quote the articles, unless you have them now, so if you have them
3
please take Article 33, but as you will see and as we'll see during this presentation, there are
4
three paragraphs in Article 33.
5
6
In the first paragraph it concerns focal points and coordination mechanism, this is the State level,
7
administration, those that are responsible for taking measures for implementing the Convention.
8
9
In the second paragraph we have a paragraph on independent mechanisms or framework, it's a
10
kind of a, working back to this, but it's a new actor between State and non State actors, that has a
11
responsibility to internally monitor what the State is doing to fulfil its commitment regarding the
12
Convention.
13
14
And the third paragraph we have a special emphasis on the role or more precisely the
15
participation and involvement of civil society in the monitoring process.
16
17
So this provision is very remarkable I think we'll discuss a bit more about the drafting in the
18
response, because it is not only comprehensive, there are different aspects covered. We call
19
them national human rights architecture with different bodies, that are necessary to implement
20
the Convention.
21
22
But it's also very clear, one, two, three, three different actors, three different perspectives, three
23
different roles we'll see. However they are also very complicated aspects. Because it sounds
24
beautiful on the PowerPoint, but at the State level, in the field things might be completely
25
different, so you might need to adapt body’s behaviours to make sure that they are as close as
26
possible to what is proposed by Article 33.
27
28
For instance for the participation of persons with disabilities, there can be, it should be integrated
29
into the whole, all these bodies, how you do this can be complicated. The fact is also that often
30
States have already different body that is are responsible for disability rights policies and the
31
question is how do they fit in this structure proposed by Article 33?
32
33
I have really got a problem, as I feared this is not my last version, there is one slide missing. So
34
I will ask you, I have two questions now for you, and I will ask them while we work this out. So
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don't worry, you will get -- you will have to answer my questions, but you will not see them
2
immediately.
3
4
So why do we need national structures for the implementation and monitoring of the
5
Convention? Why are they so important? I have already highlighted a few issues. That's my
6
first question.
7
8
And my second question, what do you think are the most important aspects of this structure, if
9
people tell you we need structures to implement the Convention what are the first things about
10
which you will think? Anybody?
11
SPEAKER: I hope it's okay that I can answer your first question. You initially stated that
12
anything relating to the Convention can be won or lost at national level, it's very important that
13
at the national level there is very strong structures that ensure that the CRPD is respected and
14
implemented at the greatest level.
15
16
So I think it's important then that at national level, because it usually is the very strongest
17
starting point for implementation of the CRPD.
18
PROF De BECO: If I can add to this in simple words, it's important that the Convention does
19
not become an empty declaration, in truth. It should do something with it and not just have it for
20
appearance.
21
SPEAKER: I think maybe it would also help to have home grown solutions to implementing the
22
CRPD, especially because we have different contexts in which this Convention already play out.
23
PROF De BECO: That's why for instance participation is so important in this mechanism, it
24
should come really from the ground and the different goal of the Convention should be not only
25
translated into the national politics but also confronted with national problems and national
26
concerns.
27
SPEAKER: And implementation needs different bodies and players to carry on the obligation
28
and to organise and decide who is suppose to do what and how to do it needs also to have some
29
legal framework inside the country.
30
PROF De BECO: If you want to climb am mountain very high you need a very good team and
31
be organised, that's why this is important. You need to have a good coordination.
32
SPEAKER: I think there is a fundamental question we need to look at here, specifically the
33
nature of the legal system of each country, in terms of incorporation of international human
34
rights treaties and standards where the international law. And here I think we need to look at
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whether the system is -- I think this is a really serious problem in some countries because if you
2
incorporate directly the CRPD you need to implement it, make it applicable, and this actually
3
might cause some problems with regard to law enforcement officials, because they are not really
4
trained in these areas.
5
6
And if you want to adopt the other system, to harmonise this might cause conflict because the
7
process of harmonisation between international conventions and national laws is very technical.
8
So it is really problematic and I think this is the question we need to answer with regard to
9
international law.
10
PROF De BECO: A very important aspect I will not discuss this further so it's very good that
11
you highlight it, because then also Article 4.1 about implementation and adoption of legislation
12
and it's important that those, especially the focal point responsible for this are aware of these
13
aspects and the harmonisation process takes place as soon as possible.
14
SPEAKER: Regarding your second question I would highlight three aspects. The first being
15
independence, the second being sufficient funding and the third being having sufficient
16
investigation rights, so to establish duties to State authorities to provide information to these
17
structures when asked.
18
PROF De BECO: Yes thank you very much that concerns rather us all, especially the second
19
part, national bodies and we'll speak about resources, the resource question is something very
20
sensitive for the implementation of treaties, where do you have to put priorities and how you
21
need to use it in the best way possible to progressively realise the Convention.
22
23
But one thing is certain, if you want people to deal with the Convention, to monitor it, you
24
cannot do it, you need resources to do this, but it can have a multiplier effect of course on the
25
Convention, but without resources it is impossible as far as Article 33 is concerned.
26
SPEAKER: For the second question it probably goes without saying but I would also say
27
inclusion of persons with disabilities themselves is paramount.
28
PROF De BECO: That's the most important. We'll stop here and I will continue. That's the
29
most important aspect and I will really try to do now my whole presentation to really show that,
30
that's one of the major aspects, Article 33.3 which concerns in particular the participation of
31
persons with disabilities should not be seen in isolation, it's something which under lies the
32
whole national structures for implementation and monitoring of the Convention.
33
34
But we have already, I see you are very aware, but I will tell you which will make you happy as I
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am sure we have much more interesting questions since you know a bit where I'm heading to.
2
3
Let me now go to the different parts of Article 33, so I will discuss them one by one, leaving
4
time for some questions and then I will come with two examples. I choose these two examples
5
of two countries, you see the whole architecture of two countries not just separate bodies from
6
one or another country.
7
8
Okay now let's start in the more technical aspect of Article 33 the first says that State parties, in
9
accordance with their system of organisation, shall designate one or more focal points within
10
government for matters relating to the implementation of the present Convention.
11
12
So as you see, you see the word "shall" so people have to designate such a mechanism to fulfil
13
their obligations. This is new as far as international human rights law is concerned we don't find
14
it in other treaties, but for the rights of persons with disabilities you are able to find something
15
similar in the UN standards codes, so there was already a precedent as far as persons with
16
disabilities are concerned.
17
18
And you see it's one or more focal points so there is some flexibility. You can appoint several
19
Ministries and that's even a good idea, to ensure that they all be involved in implementation of
20
the Convention, but you need a head focal point, that they have a major responsibility for the
21
implementation of the Convention.
22
23
To do what? Next question, we discussed in detail today the State reporting, so when these focal
24
point appointed one of the first things that they will have to do and will be the first exercise, a
25
kind of internal assessment, most of them just take it as an exercise before the UNCRPD
26
committee that is also to, for the first time coordinate and have an overview on what has, what is
27
missing as far as the implementation of the convention is concerned.
28
29
So the first thing is the State reporting that they will do. Of course it should not stop there, in
30
practice we see often after the designation of the focal point the State report is sent to the
31
UNCRPD committee and then people just wait and are busy with other activities.
32
33
What should they do other than State reporting to the committee? Take measures to implement
34
the Convention, to define which steps, which legislation has to be change to make sure that it is
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in compliance with the requirements of the Convention. To develop and implement disability
2
rights policies in the light again of the Convention. There we have it as well, ensure the
3
participation of civil society and we all heard about Article 4.3 which requires persons with
4
disability are involved in the interpretation. And I'll speak about that again. It's important that
5
one way or another they are consulted, involved in all issues taken to implement the Convention.
6
We'll see this can for instance happen, take place to advisory bodies where representatives of
7
DPOs are sitting and can give their opinion on initiatives taken by the government regarding
8
legal capacity, inclusive education or other rights provided for in the Convention.
9
10
We'll see although that as far as the advisory bodies are concerned I will come back to it,
11
sometimes difficult to know where exactly they belong in this particle 33 architecture, but as you
12
see here one way is to create them or have body that is can in particular advise focal points.
13
14
The last point the focal point should be a contact point, not only national but also international
15
level. At the national level it's important that any department at whatever, it can be also at the
16
very local level, local government, can ask for information or help regarding the Convention. So
17
within the administration it's important to have one phone number or one department to whom
18
people can go and ask questions. And the same for DPOs, that disability organisations know to
19
whom they can address their concerns if they have a question or they want to share something,
20
that they don't have to look at who is responsible for that matter, that's something which the focal
21
point should look for them and it should be able to answer to their questions. Also for the people
22
in general, that's why it's good to announce, although it's no obligation to provide by law who
23
will be the focal point, to announce that that department or these people, so the people know who
24
is busy with the Convention and who is taking care of it's implementation on a daily basis.
25
26
But that's also at international level. It would be impossible if the committee has to address
27
recommendations and deal with a complaint, because as you know the committee, if States have
28
ratified the option all protocol to the Convention on rights of persons with disabilities,
29
individuals can file a complaint to the committee and tell the committee well go to the State and
30
ask questions and share this communication and ask explanation, so it's important that there is
31
one person that the committee knows to whom it should address this communication.
32
33
The same holds for all organisations, if they need information for a report or if there is a
34
complaint, there are different mechanisms at regional and international level. There is one
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person or one unit that these organisations can call to be sure that they have the right answer.
2
3
Article 33 paragraph 1 also provides that State parties shall give due consideration to the
4
establishment or designation of a coordination mechanism within government to facilitate related
5
action in different sectors and at different levels.
6
7
As you see "shall give due consideration", so it's not an obligation this time to create such a
8
coordination mechanism. Okay I'll give consideration to it, we don't need it -- no, you need to
9
consider it and if you don't want such a coordination mechanism, which is possible, you have to
10
show that it is not necessary to have such a mechanism.
11
12
I went for instance to a country, Malta, they asked me could I advise on that aspect and I saw
13
that all the Ministries were sitting in the same building and working in common documents and
14
policies on a daily basis, it was not necessary to add another body or another mechanism because
15
it would just create structures which aren't necessary. But for many other countries and
16
especially federal states as I will explain later there such a coordination mechanism might be
17
required. Especially since it has to know what's to facilitate coordination with the regional
18
levels.
19
20
There is no obligation and there is vertical and horizontal co-operation, by which I mean vertical
21
between Ministers, so to be sure Ministries do not take isolated measures, so the coordination
22
mechanism can ensure a Minister of Justice is involved in the capacity issues, the Minister of
23
communication is also involved and so on or housing etcetera. Also the horizontal level -- the
24
vertical level in federal states as you know and we saw, sometimes the regions have important
25
competencies and often they will not have power regarding this in regional level and it's
26
important to appoint a mechanism to ensure they avoid gaps in implementation.
27
28
So the idea of this coordination mechanism is to have a platform to facilitate decision-making,
29
and also again to ensure the participation of persons with disabilities in particular, because since
30
this coordination mechanism has broad networks it can also ensure persons with disabilities are
31
consulted when the decision-making processes are going on.
32
33
Now I will give you a bit of practice, so how this is taking place in reality, but first, what I see at
34
least in Europe is that in most countries it is Ministries of social affairs or similar kind of
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Ministries that have been appointed focal points. Is this bad or good? Very difficult to say.
2
Most of the time these kind of Ministries have been busy with disability issues before the
3
ratification of the Convention and the fact that they are now focal point means that they will
4
have to focus on the CRPD and carry out disability policies that comply with the CRPD so they
5
will often be changing their approach, take a distance from the medical model and come closer
6
to human rights model.
7
8
This can be complicated, so it's a pity, there are very few that did it, but it's a pity no Ministries
9
of justice have been more involved or designated as focal point. Often the reason is these
10
Ministries have been very involved in the negotiation of the Convention and are already taking
11
care of visibility issues so that was a simple way to do it.
12
13
As far as the coordination mechanisms are concerned, often they are also the States -- the focal
14
point, again this can be no problem if you can demonstrate that the focal point is also capable of
15
ensuring coordination with other Ministries, but having is a distinct coordination mechanism can
16
be beneficial to distinguish points of focal point and coordination mechanism on the other hand.
17
That's more creating a platform where information can be shared and facilitating
18
decision-making in collaboration with organisations of persons with disabilities.
19
20
Last point and very interesting thing that we can see in practice is the creation of sub focal
21
points, as was discussed earlier, several States including mine, Belgium, have regions that have
22
important competencies regarding persons with disability, such as education and I see more and
23
more in federal states, a big part of the issues that relate to the Convention found competencies
24
of these regions because it concerns the group of persons in education and employment, it's often
25
dealt with by this regional level.
26
27
So several States have then appointed sub focal points and I think this is very interesting because
28
this avoids an implementation gap, human rights and disability rights are often -- people think
29
it's mostly the concern of the federal level because human rights are referred to international
30
human rights conventions and forget that actually the most local level is often also, if not more
31
concerned about implementation of this Convention.
32
33
So the importance of the whole Article 33 is to have a global approach and see where the gap
34
lies and where the most, who is -- where you can choose the people and the departments that can
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have the greatest impact on the implementation of the Convention, either in centralised States, or
2
in federal states taking into account the competences of the regions.
3
4
I'm finished with Article 33.1, what I propose to do is to go on with Article 33.2 and then 3 and
5
before my examples then I will leave some time for questions. So if you have questions about
6
this please wait I will just go through the whole article and then I will stop before coming to my
7
examples.
8
9
So now we have the most important part of Article 33 it's the independent mechanism. And
10
Article 33.2 reads: State parties shall designate or establish a framework, including one or more
11
independent mechanisms, as appropriate, to promote, protect and monitor implementation of the
12
present Convention. When designating or establishing such a mechanism, State parties shall
13
take into account the principles relating to -- in short the Paris Principles.
14
15
So I think if you read this provision everything is in there, it will explain what it involves, but
16
every word counts, it's very well drafted because every aspect is important and I will explain the
17
possibilities, then what are the functions of promotion, protection and monitoring and then I will
18
briefly explain what the Paris Principles are.
19
20
So as with Article 33.1 there is some flexibility as far as independent mechanisms are concerned,
21
but this goes even further because States can designate or establish mechanisms, so they can
22
choose. They can either say we'll designate you, this body to do a job or we see that nobody can
23
do it and we'll create another one. So the idea is to see what exists and in relation to that either
24
designate or create a new mechanism.
25
26
Designation does not mean as often happen in practice okay you are a nice ombudsman, now
27
you will do this. Now you will have to adapt either the structure, provide additional funding,
28
you cannot just designate without taking any measures to be sure it is compliant with Article
29
33.2, you can do sometimes but most cases you will have to adapt slightly to be sure that it
30
complies with the provisions of Article 33.2.
31
32
Second aspect, you can have one or more independent mechanisms, that's very interesting as
33
well. Either you can, because as I said in the beginning, the institutional landscape is varied
34
from one State to the other so you might discover the different functions of this independent
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mechanism are for the moment shared or taken care of by different bodies so you can appoint
2
these different bodies to be sure you covered the whole mandate of the independent mechanism.
3
4
This is the newest element here, the most original element in this convention, it's a kind of what,
5
it's a summarise, a bit like a watchdog looking in your own garden to look what you are doing
6
that's a bit what this kind of body is, you create an internal monitoring body that will tell you
7
when you have crossed a red line.
8
9
And it's not the first time we find this in a treaty, this is described by a similar experience which
10
has differences, which is the optional protocol to the Convention against torture, why we have
11
national mechanisms that can visit places of detention, but I think in response we'll hear more
12
about this, so this is not the first time we have such bodies, but here they have a quite broad
13
mandate, because they have to cover all the Convention and there are also different functions
14
which I will discuss now.
15
16
So what should they do? As you see on my PowerPoint, there is a lot that they should do. So
17
the functions are very broad. The first promotion, you saw in Article 33 that there is promote,
18
protect and monitor. So promotion, it is a lot of things, raising awareness by disseminating
19
materials, training, education within the formal, the school sector or university, but also outside
20
it have for people, all people that are in contact with persons with disabilities or whose action
21
affects the implementation of their rights. Research, promoting understanding of the CRPD, put
22
in a national context, disseminating that. So it should be, it's very broad and very important,
23
because as you know the first thing to be sure that's necessary to implement the Convention is to
24
combat stereotypes and to share the values of the Convention. But it should be said that
25
promotion is not only the task of independent mechanism.
26
27
As you know in Article 8, States have also the obligation to promote the Convention and often
28
DPOs also promote the Convention so it's a kind of shared responsibility. So this independent
29
mechanism I can see where it can fit in this story to have all the obligation, by focusing the
30
Convention, simply raising new issues or, also use the media that's important, how to use the
31
media to promote the Convention, to combat stereotypes and help you change the image the
32
public has on persons with disabilities.
33
34
Second function is protection. What is protection? It's taking action to, when a person the rights
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of a person with disabilities are infringed or breached, this can take place throughout different
2
kind of actions, most known of it is complaints handling, so this mechanism will receive a
3
complaint about a child that has been refused reasonable accommodation in normal school, or
4
there can be complaints about accessibility. Then it will mediate. And to do this it should have
5
certain powers, quasi-judicial powers; it should be able to get information to call people that are
6
responsible for the institution.
7
8
But protection is also broader, it includes Amicus Curiae providing information during a legal
9
process, so going to the judge and explaining the convention to that judge which is very
10
important, because we see that often the judiciary does not know much about the Convention
11
and there is still the medical approach in mind. This can happen at national and international
12
level, national level is working for the judges but it also happened in Europe before the European
13
Court of Human Rights where there was a case concerning persons with disabilities to provide
14
information to the judges that in the situation can take a right decision and be informed.
15
16
But also assistance, legal assistance, strategic assistance for people who want to claim their
17
rights before courts. And also if possible representation for the victim if that is necessary.
18
19
Then the third function, monitoring, that's the broadest one and most innovative one. This
20
concerns to make sure that the Convention is implemented, to follow up the implementation of
21
the Convention through the evaluation of policies and legislation and compatibility with the
22
Convention, to provide opinions on sensitive issues, very important to promote the collection of
23
data, not to collect data themselves but to make sure it is co-ordinated and that it takes place and
24
possibly having indicators which can determine whether progress is made with the data that has
25
been collected.
26
27
Inquiries, especially on issues that are not seen at the surface, like in institutions and then follow
28
up, follow up normally of the commitment of the State, but for instance also of the concluding
29
observations of the committee on the rights of persons with disabilities.
30
31
So this is very broad and just to tell you, it can create problems because it's too large and not
32
possible to do in one or two years, so there will often, priority also often have to be made and at
33
the same time there should be a strategic but also some flexibility to cease opportunities when
34
new law is passed or when a new issue is raised in the media. But inevitably judgments will be
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made and as we'll see now that's why it's independent and can be making choices without any
2
political interference.
3
4
Just a little discussion to continue what we discussed this morning this independent mechanism
5
can also have a role for State reporting process, at different stages most of them write what we
6
call parallel reports, we heard about the shadow reports from DPOs but they often can write a
7
commentary report which is an answer from their perspective to the State report. It's a bit
8
between the two, not a shadow report, it's not a State report, it's very complicated, it's a new type
9
of report, the problem it multiplies reports before the committee but most do so and I think it's
10
useful because it provides additional information to the State reports which can help the
11
committee in reaching observations.
12
13
But even more important than that as we see for instance in Germany, they can be involved in
14
the follow up of concluding observations of the committee and as we see often States receive the
15
concluding observations, they put them somewhere in a room or put them aside and four years
16
later they come with another report saying they had no time or whatever. So it's important that
17
States are not let off the hook and somebody is an extension of the committee at a national level
18
and there they have an important responsibility to make sure to urge the State to take steps
19
within a reasonable time period, implement the recommendations and also to create discussion
20
about them, raise awareness, so that the work done by DPOs and the committee is not done for
21
nothing. And we have now this kind of practices evolving and I think, I hope that with the
22
concluding observations of the committee they will see the existing independent mechanisms
23
will seize this opportunity.
24
25
So now we go to maybe the most important aspect of this independent mechanism, which are the
26
Paris Principles, as we saw in the Article 33.2 states have to take into account the Paris
27
Principles when establishing or designating such mechanisms.
28
29
What are these Paris Principles? These principles were drafted by what we call National Human
30
Rights Institutions and these are if I may say, independent mechanisms or like independent
31
mechanisms in Article 33.2 but that should promote and protect all human rights.
32
33
They exist already for a few decades and especially in the 90s and the years 2000 that a lot of
34
States have created these kinds of institutions. In 1991 they have adopted guidelines that explain
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what they should do and what are the criteria to qualify as National Human Rights Institution
2
and as we'll see these guidelines, Paris Principles provide amongst others that they should be
3
independent and pluralistic.
4
5
So we have this paper, these Paris Principles which you can find on any website, for instance on
6
the site of the office of the UN High Commissioner for Human Rights. And it's important to
7
know that not only, they were not adopted but endorsed by the General Assembly and from the
8
Commission of Human Rights, but there is also an accreditation process by the National Human
9
Rights Institutions themselves, which gives an A, B or C status according to the full, partial or
10
non-compliance of these institutions with the Paris Principles. So it's like with the milk there is
11
kind or buying milk it's a label. A label given by the NHRIs themselves
12
13
What do these Paris Principles say?
14
SPEAKER: Can you clarify this?
15
PROF De BECO: Clarify, the problem is if I want to talk about National Human Rights
16
Institutions I can't speak all day, but I have a lot of documentation on it which I can send to you.
17
18
So accreditation means giving to those bodies that contend to be National Human Rights
19
Institutions a status, so the status can be A, B or C. A means full compliance. B, partial
20
compliance. And C, non-compliance.
21
22
So who gives that to these bodies? Well the NHRIs themselves, they formed what is called an
23
International Coordination Committee of National Human Rights Institutions, which has a
24
subcommittee on documentation and NHRIs send documentation to this subcommittee which
25
afterwards give them this A, B or C status.
26
27
In Europe we have now in the world I think 62 institutions that have such an A status. Is that
28
okay?
29
SPEAKER: Yeah but is it mandatory for every country's NHRI to apply for accreditation?
30
PROF De BECO: That's a good question, it's not an obligation to have a National Human Rights
31
Institution but since the 90s we see many international organisations, treaty bodies strongly
32
recommend States to have such institutions and now that we have this Paris Principles in the
33
CRPD the status of the National Human Rights Institutions, the legal status is even stronger. So
34
I can say neither yes or no, but almost yes.
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1
2
Thank you for your question. So independence creation, what is independence? The criteria to
3
be created by law, why? Because when you are making the law you cannot change it overnight
4
if you are not happy. No governmental involvement, you need to be able to choose the
5
priorities, staff members and strategy by your own. And very important funding. Without
6
funding this cannot work, or if you have to find funding elsewhere you will depend on the one
7
giving you the money.
8
9
Pluralism, what is pluralism once again as we said participation of the persons concerned, in
10
particular civil society organisations, including NGOs, but also other organisations like
11
professional organisations and academics and experts. Very importantly if governmental
12
departments have their representatives somewhere in these organisations they shall have no
13
voting rights, they cannot say we want this recommendation, it cannot have an impact on the
14
outcome or opinions produced by these National Human Rights Institutions.
15
16
I will not go further into this, what I want to say is we have to read these Paris Principles in the
17
light of the Convention of course. So for instance civil society should be read as organisations
18
that are protecting the rights of persons with disabilities, like DPOs. So you have to read this in
19
the light of the mandate that this independent mechanism should have, which is promote, protect
20
and monitor the implementation of the Convention.
21
22
I will not go in depth about this but there is a lot of discussion if these Paris principles are
23
enough, because it's not enough to be independent on paper but what the effectiveness and
24
accountable, there are different projects going on on these questions I can tell you about it but I
25
will not go into depth now.
26
27
What I want to do however is say what kind of, how it happens in practice. In practice we see
28
there are very different solutions, and one, the most known is of course the NHR. Yes so
29
national institutions have often been given the mandate and the reason is very simple, that since
30
the Paris Principles are mentioned in Article 33.2 they are what I would call the best pedigree for
31
being independent mechanisms.
32
33
But sometimes it's also equality bodies like in my country or in France, and it's interesting
34
because it's a non-discrimination Convention so they have also good experience. Ombudsmen
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have a lot of experience in hand he willing complaints, like for instance in Poland. Sometimes
2
advisory boards and as I said advisory boards that creates a problem in Article 33 structures
3
because States have given them the role of independent mechanisms but they can not play fully
4
this role, they may provide advice to the State but they do not protect and monitor the
5
Convention, so we see that the mandate is not fully covered if this, there is also another problem,
6
often governmental representatives are sitting on these advisory boards, with voting rights, so it's
7
more a platform to provide input for policy making than monitoring.
8
9
You have also other bodies we'll see when we speak about Austria for instance; some countries
10
started from scratch and created new bodies, which just fulfil the role of independent
11
mechanism.
12
13
So that sounds very nice and easy but it's complicated in practice for two reasons, those bodies
14
have different functions and I recently discovered that in Poland the Polish human rights
15
defender has the function of National Human Rights Institution, equality body and ombudsman,
16
so some people fall under different categories. And the other thing is that you can create more
17
than one independent mechanism so some people appoint different bodies, so in the end you
18
have no model, every country has its own solution depending on what bodies it has before
19
ratifying the Convention.
20
21
Last but not least, civil society. In particular persons with disabilities and their representative
22
organisations shall be involved and participate fully in the monitoring process.
23
24
I don't need to remember you that one of the main, key issues in the Convention is nothing about
25
us without us. And that started during the negotiation of the Convention, has found its way in
26
the Convention, amongst others in Article 33.3 and will continue during the implementation. So
27
it's important that civil society is involved in the implementation process.
28
29
And what's very interesting about this provision, it works like a hammer. It's not to be seen in
30
isolation but it's a hammer on every other provision in the Convention and any other part of
31
Article 33, so it should be seen in combination and should strengthen the participation aspect of
32
the different provisions of Article 33. So I will explain what this means here.
33
34
If you read Article 4.2 which provides for the participation of persons with disabilities in
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implementation of the convention, and you combine it with Article 33.3 it provides for the
2
participates of persons with disabilities through the focal point and coordination mechanisms.
3
4
As I said the advisory bodies fit better under Article 33.1 are a very good practice here to ensure
5
that they can participate in the monitoring and implementation of the Convention.
6
7
As far as independent mechanisms are concerned there you have a combination between Paris
8
Principles which were advise for pluralism and Article 33 which stresses the participation in
9
monitoring function, so the Paris principles are broader yes in that it has, it sees civil society as a
10
broad category but here you have expressed on DPOs and there are different ways to involve
11
them, you can haves disabled people organisation represented on the boards or to appoint people
12
in this mechanism to have persons with disabilities themselves involved and running these
13
independent mechanisms or you have close co-operation with these organisations by having
14
platforms, steering committees to which these independent mechanisms turn before making
15
recommendations.
16
17
Very important the last point, that persons with disabilities should also have a capacity to
18
monitor outside any of these structures, because it might be that they do not work or the outcome
19
does not live up to their expectations and then it's important that they can also choose another
20
way to make their claims.
21
22
So as you see there is a lot of overlap, as far as Article 33 is concerned, but what is the most
23
important is that there are different channels throughout persons with disabilities can make a
24
claim and they can see where they can have the strongest impact. It might be that independent
25
mechanism is not working or the focal point is closing the doors, so seeing where it can have an
26
input and also follow up any decision-making process until a decision is made.
27
28
Another important aspect here that concerns the whole Article 33 is to ensure that there is
29
coordination between these bodies because of course in the advisory bodies there will be
30
organisations of opinions with disabilities and it's important that people know who is saying
31
what, not only to avoid contradictions but also surprises or mistakes, so an important
32
coordination in this whole framework, especially as far as DPOs are concerned is important to
33
have strategy and say to the body that you have the information at the right time.
34
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So I have now two examples, but I propose now I will leave five minutes for questions, if
2
possible questions about the content of Article 33 and then I will discuss two examples to show
3
you the variety of possibilities States have to create these national structures for the
4
implementation and monitoring of the Convention.
5
6
So are there any questions?
7
SPEAKER: Regarding paragraph 2 how would you describe the relation between the
8
independent mechanism and the framework that needs to be established? Would you have
9
examples on how these frameworks work?
10
SPEAKER: My question is about the funding from which governmental institution is more
11
better to be funded and what it shows for funding more monitoring processes. And also one
12
specific question, especially from my country, from Georgia about it's what measures can be
13
taken when service providers use the Convention and especially Article 33 for their own
14
interests, creating such bodies, to make programmes flexible on their sides. So in that case there
15
is gaps between citizens and NGOs, the NGO sector and government and so the disabled people
16
are losing the equality for services, the service providers are using Article 33 for their interests
17
the same. Thank you.
18
PROF De BECO: Sorry is this a question or just a comment? The question is about service
19
providers?
20
SPEAKER: What measures can be taken in the case where there are arguments about no
21
competence to participate in the monitoring process, from service providers?
22
PROF De BECO: One last question.
23
SPEAKER: My question is how effective the national focal point should be because in India for
24
example we have a Ministry of social justice and empowerment which has only a small capsule
25
which is nope as department of disability affairs, so can we say that this fulfils the mandate of
26
Article 33? So how the focal point must be effective, what is the degree of effectiveness?
27
28
And number two, to what extent the national focal point must be represented by persons with
29
disability? Can we say that the focal point issue would be addressed effectively if we have a
30
distinct Ministry addressing the issue, instead of having a small department in the Ministry?
31
PROF De BECO: Okay thank you very much for the questions I will reply briefly because time
32
is almost over.
33
34
So framework and independent mechanisms, it's a tricky question and thank you for reminding
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me because it's not in my presentation.
2
3
I think we are still, that's my conclusion, we are still on the way to give a meaning to many of the
4
terms of Article 33.3 and the only way to give a meaning is to see how it happens in practice and
5
make an evaluation. So far what I think, there are other versions and I am sure they are
6
defendable, is that the idea of the framework is either to have different mechanisms or have one
7
mechanism adapted and then that is a framework because it cooperates like yours in Germany
8
with DPOs and set in form of framework.
9
10
But in the basic idea is however that you can have different elements, and then an essential
11
question for me is should all these elements be independent mechanisms. And the Spanish
12
version it is the case, there is a controversy and I think they should be all independent because
13
you cannot monitor if you are not independent.
14
15
As far as the question, it's important, I try and in my work with the office of the UN high
16
commission for human rights I try to give a meaning so you can find information about it in that
17
report.
18
19
Funding, of course that's as I said earlier, if you want to promote a convention, if you want the
20
right advice on implementation, if you want to do events, it's not possible to say, to ask
21
somebody to do this without giving the resources to do it. This is not possible. So funding for
22
monitoring, it is time consuming monitoring, if you want to review legislation, if you want to
23
participate, so there should be a minimum of resources to be able to, maybe not too much in the
24
beginning but there should be a minimum of resources and this is even provided.
25
26
Service providers thank you very much for this question, very sensitive again, I don't have the
27
truth but if I read the Paris principle they say professional organisations should be involved. So
28
in a way although they are concerned, they are concerned with -- they can be part of the
29
implementation of the Convention, they should be involved, I think the most important is that the
30
major actor as far as monitoring body is disabled people organisations. Others can be there but
31
they shall not be excluded especially independent mechanism because their role is provided in
32
the Paris Principles.
33
34
As far as effectiveness is concerned I fully agree, thank you for raising this question, a focal
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point, what is effective? It's not always a matter of number of people. It's often a matter of right
2
choices, choosing the right people, putting the priorities, being able to listen to organisations.
3
And having a single Ministry or department, I don't think it really matters, the idea is that there is
4
a focal point and it mainstreams disability rights, if it's a single Ministry or a unit, I don't think
5
that's the most important aspect.
6
7
So I think I have very little time for my examples and I will not do them, I will just show you the
8
slides and say two things. Here you will have them at your disposal I have Denmark and in
9
Denmark we have three independent mechanisms and there you see she share different functions
10
there is even a council here in the independent mechanism which stresses the aspect of the
11
independent mechanism in the framework, there you have the Article 33 hammer that is included
12
in the mechanism, it's a good practice and also the ombudsman which reinforces the protection
13
mandate and we have also a special coordination mechanism.
14
15
Next Austria I can talk to you, very interesting as well, because you have this here an advisory
16
board which helps and also a sub focal point and they have creating a new monitoring body
17
which exactly follows the Paris Principles the only problem being it has very little resources with
18
a broad mandate. And also sub independent mechanisms.
19
20
My last slide the most complete monitoring system ever in an international human rights treaty.
21
So at the same time it's very clear, but very complicated that I don't have the answer to every
22
question, it's important that the provisions aren't read in isolation.
23
24
And that it serves to accelerate implementation of the Convention. I would say that in answer to
25
the question of the gentleman from India one thing is, you need structures to climb the
26
mountains, to have a good team, and that's the purpose of Article 33, but you also need good will
27
and effectiveness. So what is on paper is not always good practice. Collaboration and
28
effectiveness are all important to make sure it works.
29
30
The last thing is you never reach full compliance with Article 33, what is very important is to
31
have a continuous evaluation process of what you are doing and I hope the committee in future
32
will help States to improve that independent mechanism.
33
34
And as I said Article 33 only gets there with practice, with re evaluation and adaptation, it's a
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beautiful provision, it's not static, there is no full answer, it's a dynamic provision for which to
2
understand you need to look at practice and see how you can make improvement s within the
3
bodies and the Paris Principles for persons with disabilities. Thank you.
4
CHAIR: I'd like to thank you, you have been very passionate and again having gauged the
5
article that is in depth and present it had in a really good way and thank you very much for that,
6
you obviously very much like your subject!
7
8
I think in terms of the last 30 minutes we have two PhD students going to give a response, so
9
first is Meredith Raley, she received a BA in political science from Charleston and JD in 2010,
10
she is currently a PhD student here at the centre and her PhD is focusing on Article 33. I know
11
Meredith has a timer in front of her so she won't go over her time.
12
MS RALEY: Like Mary said I'm doing a PhD here on Article 33 and I'm particularly interested
13
in why Article 33 has taken the form it did. So I'm going to try and give you some background
14
information on what this, what the situation was with the UN at the time and what kind of trends
15
led to the creation of Article 33 in particular.
16
17
So Gauthier talked about how starting in the 90s when the Paris Principles were drafted National
18
Human Rights Institutions began to increase in number hugely and at the same time as UN
19
adopted the Paris Principles the UN recognises National Human Rights Institutions were a kind
20
of body separate both from State governments and from NGOs, and this benefited the national
21
rights institutions because they gaped a special status at the UN in early 2,000s which meant by
22
the time CRPD was being drafted they were used as such a separate and unique body they were
23
able to negotiate separately from State parties and separate from NGOs which gave them more
24
power than normally would have and had in previous draftings, which is why they were able to
25
gain a special place for themselves in Article 33.2 with its implicit mention of the Paris
26
Principles.
27
28
The other big trend that led to the Article 33 was as was mentioned the national preventative
29
mechanism in the optional protocol in the Convention against torture, it was the first time Paris
30
Principles were mentioned although interestingly State weren't required to follow the Paris
31
Principles they were asked to keep them in mind, so it was a lesser standard than you found in
32
Article 33.2, it was also the first treaty to require a necessary particular monitoring body, this
33
body is laid out in far more detail than the body in Article 33.2 it's given several articles it runs
34
from -- it's exact duties are laid out, the exact extent of the power is laid out.
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1
2
There was some talk of doing something similar in draft of the CRPD but the reason it could be
3
laid out in so much more detail was it was an optional protocol which mean it is had far less
4
reach than the CRPD. Optional protocols were ratified by 63 States, of those 44 would go on to
5
set up a national mechanism, so you can see compare to CRPD while it was far more detailed
6
body and so in some ways a more powerful body, so also simply far less reach than the CRPD
7
would have.
8
9
10
So it still held precedent that the NGOs and national rights institutions were able to use to push
for a monitoring body within the CRPD.
11
12
During the drafting the drafting also, the other trend to be aware of is the drafting took place at
13
an interesting time for the UN. The UN had starting in 1990s been undergoing a process of
14
reform, there was at the drafting a clear awareness that passed human rights treaties had not been
15
complied with as widely as they should have been and mechanisms that were used to monitor
16
and implement conventions were clearly inadequate. So there was at the time of the drafting of
17
the CRPD a clear openness to change and innovation that hadn't been present at other
18
conventions which allowed again many NGOs the national rights institutions and a few States to
19
really push for a change that led to Article 33.2.
20
21
The national mechanism was in place from the very first draft. The three parts the focal point;
22
pinned mechanism and monitoring mechanism were already in place. However monitoring
23
mechanism was not formed, and there was not any mention of civil society being involved in the
24
process.
25
26
As the drafting went on the EU, which negotiated as a single body rather than several different
27
States, Japan and Israel from some of the most involved in the new body. The focal point and
28
coordination mechanism as they are currently in the final draft became set early in process, the
29
sticking point for most States was how powerful the monitoring mechanism could be and how
30
powerful civil society could be.
31
32
So in the first draft there was no mention of the Paris minutes and a much weaker provision for
33
civil society involvement.
34
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As the process went on the NGOs and national rights institutions continued to push for much
2
more expansive society involvement and monitoring it, in answer States pushed back arguing too
3
much prescription would be burden some on them, impossible to meet and was unnecessary, so
4
it kind of came down to a battle between the two forces. So when you look at the final product,
5
what you mainly see is body that the States would accept, focal points were common by that
6
point, coordination mechanism made sense and was optional in any case, the monitoring
7
mechanism which it's implicit mention of the Paris Principles was the most independent that
8
most States were comfortable and civil society was continuously -- Article 33s expansiveness
9
was as a result of continuous pushing by NGOs.
10
11
So you can see it's the result of several unique forces that came together at the time of the
12
drafting of the CRPD and all those forces pushed for what is a very unique bridge between
13
necessary particular and international law and what is the strongest bridge they could create
14
given the political climate at the time. Thank you. I have a bit of time if there are any
15
questions? No.
16
CHAIR: Our second speaker is Magdi Birtha, she is a Marie Curie Fellow and PhD candidate
17
here at the centre, her research is in the frame of the dream project and the focus on national
18
European monitoring of the CRPD on civil society involvement. And she is a special focus on
19
the active involvement of persons with disabilities in policy and decision-making processes.
20
MS BIRTHA: Thank you very much Mary for the introduction. Thank you for coming to the
21
summer school.
22
23
So today my task is to talk about some innovative practices from around the world. In my
24
research in the dream, as Mary said I'm really focusing on what makes Article 33 work and
25
today I will talk a little about the triangular framework, general challenges when implementing
26
Article 33 based on the empirical data collection from countries in and out of Europe, I have
27
some promising practices mentioned strength and challenges, and I haven't really seen any
28
perfect examples in terms of Article 33 implementation, and the empowerment of the disability
29
movement through an African example and some conclusions and recommendations.
30
31
So this is what is important, the triangle shape of Article 33 and as Gerard usually says this
32
triangulation usually requires balance of power and functions between the actors. So on one
33
hand there is government, law and policy maker, which accounts for the State. Which needs to
34
be in relation with Article 33 two elements independent body NHRI, which is the watchdog
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having traditional experience in doing human rights monitoring and the very new innovative
2
element, civil society and especially DPOs who bring first hand experience.
3
4
It's very important to make the distinction between NGOs and DPO and not let the common
5
exclusive politics when human rights NGOs just take the leading role because DPOs are not
6
empowered enough so it's important to keep in mind that Article 33 is about the involvement of
7
persons with disabilities and their organisations.
8
9
So the current situation is that State parties are in the process to try to establish this framework
10
but the question is what makes it work. Because it's not a static thing it's very dynamic and
11
requires a whole new method, working collaboration, transparent working method between the
12
government, NHRI and civil society, which hasn't been there before. Not even the National
13
Human Rights Institutions work together with the organisations of persons with disabilities.
14
15
I have been in Moldova giving training to government representative and ombudsman office on
16
Article 33, it was surprising when the ombudsman told us look I know I have responsibility to
17
monitor the CRPD as part of my mandate but I'm in the sure I want to do it together with DPOs
18
and civil society members. And we were surprised to say look this is written in CRPD and it
19
was shocking when you realise it's not only the government to whom it is a challenge to
20
implement adequately it's also a challenge for some. NHRIs and State parties.
21
22
we have such a limited knowledge on the involvement of persons with disabilities to avoid
23
tokenistic presence and avoid consultation which happens, on paper we see which organisations
24
are entitled to participate in monitoring the CRPD but actually how do they feel their
25
involvement? That's a big question and something I'm trying to get when I'm going to talk to the
26
DPOs.
27
28
The challenges, one of the challenges is the formal establishment, it happens in many countries
29
there is a consensus on who is Article 32 body, the independent element but there was no formal
30
designation which is a problem because how much the government will consider the work of
31
such a body if it's not formally designated in law.
32
33
The second challenge I bring today is inclusion of the Paris principle compliant element, it
34
sounds easy because we have a list which are A, B or C status and NHRIs in the country but in
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fact as some examples show the government, is not really thinking about including this element,
2
for instance in Hungary what happened was there was an excellent -- I'm from Hungary that's my
3
home country I'm particularly sensitive to what's happening there, they merged the ombudsman
4
office and now we have an ombudsman for fundamental rights and in the mandate in the law it
5
says it is the MPM for OPCAT, however it doesn't designate as Article 33.2 body even if
6
Hungary ratified the Convention back in 2007, it says that the ombudsman shall pay particular
7
attention to activities monitoring but this is not a designation in my understanding.
8
9
10
The adequate funding provided for activities of the framework, where the funding should come
from as was raided by the question important, is very important.
11
12
The sustainability, so what I see around the first reporting process even if it's clear the question
13
how much the framework and DPOs can keep up the good work, which was put together and
14
highly depends special east in developing countries as we see later examples where the money is
15
coming from, if there is no internal money and the money is from, like the EU or other
16
international organisations, like what if the money is gone and who will monitor the
17
implementation of the convention afterwards.
18
19
The development of this new accessible working method, it's very important as the NHRI and
20
civil society, you need to see they bring different experiences to the table and it's very important
21
to develop this new relation between them.
22
23
Systematic monitoring is very challenging, if you think about the CRPD how many issues are
24
covered in the Convention, it's very challenging to ensure that it's really monitored in a
25
systematic manner.
26
27
The balanced participation of civil society so who represents civil society and who is not there,
28
whose voice is not heard, what we usually see; the organisations are the ones who have a chance
29
to represent themselves. It's very interesting and the whole family of organisations who claim to
30
be DPOs because they feel they are covered under the Convention. Also within the movement,
31
it's very heterogeneous movement, if you think about the deaf community, part of the deaf
32
community I met in some countries, advocate for segregated education, some other parts of the
33
deaf movement in the same country advocate for inclusive education in line with the CRPD so
34
it's very important to see the whole broad picture when we talk about disability or organisations
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involvements. And transparency.
2
3
My first example I brought you today is Australia which ratified the convention in 2008, they
4
have a focal point the Attorney General's department which brings the legal, the justice aspect
5
and the other one is the department of familiar leaps housing community services and indigenous
6
affairs which rather brings the social welfare approach.
7
8
The Article 33.2 framework, so the Australian Human Rights Commission and especially the
9
Disability Discrimination Commissioner is considered as Article 33.2. But as you will sigh, one
10
of the challenges of this framework at the end it's not formally designated and it poses some
11
difficulties that's why I think it's important to look at the practice, because on paper this
12
Australian framework looks so great, but if you go there and talk to the people, they are not
13
happy about the lack of the designation for instance.
14
15
The Article 33.3 I just put here people with disability Australia, which is the big umbrella DPO
16
and Australian federation of disability organisations.
17
18
So some of the strengths that I see government recognises the CRPD and it's own obligations
19
under it. It doesn't mean it's doing everything right but when I was at the Attorney General's
20
office I was happy to hear that they take well the criticism from the National Human Rights
21
Institutions and from civil society and they know that this is the way to go and work together.
22
23
It sounds something which should be normal, but if you go to eastern European countries and so
24
many other parts of the world the government is not receptive at all to the criticism of civil
25
society, so I put in here as a positive aspect in the Australian case.
26
27
There is great and regular working relation between the actors, which is very important I think.
28
And maybe the fact that the NHRI, so Graham Innes, the Disability Discrimination
29
Commissioner, comes from the movement so maybe that's why it's easier in that case to maintain
30
every day connection between NHRI and civil society when doing monitoring work together and
31
the shadow report as you may have heard before was an extensive, three years process with a
32
broad collaboration and is considered one of the promising practices.
33
34
So the challenges, the lack of formal designation, the fact that in additional funding was
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provided to the Australian Human Rights Commission, so is actually they don't do any CRPD
2
monitoring in a systematic way, they do the regular activities and of course some of them fall
3
under CRPD monitoring but it's important to see that CRPD monitoring as such a not happening
4
because there is no additional funding by anybody.
5
6
And if you start talking to advocates, persons with disabilities who work for PWDA are not
7
satisfied with the level of involvement in policy neighbouring they say it's tokenist rather than
8
meaningful.
9
10
The second example is New Zealand which also ratified in 2008 and the focal point is Office for
11
Disability Issues they also have a coordination mechanism, ministerial committee on disability
12
issues and Article 33.2 framework consists Human Rights Commission, ombudsman and
13
Convention coalition which is a group of DPOs funded by the government.
14
15
For me the New Zealand example is the best looking CRPD complaint Article 33.2 framework,
16
it's really -- it looks like how it's written in the Convention. The government is willing to
17
harmonise the work of different ministerial departments, to use better the limited resources and
18
there is a commitment, I said after talking to several ministerial representatives to make a
19
change. And they even fund the Convention coalition, which is very good, is it good for not if
20
the government funds? The group of DPOs to be able to participate in the work of the
21
monitoring framework? It's a billing question. In New Zealand several people told me they are
22
happy to get this fund and the government is not really tell them what to do, they really feel
23
independent and using this money at the best.
24
25
The challenges however that there is no systematic monitoring happening under this framework
26
either so I met members, if you are interesting I can tell you the list of DPOs who are part of this
27
Convention coalition, they said look we seriously don't remember the last time we had a
28
meeting, sometimes we get an e-mail or -- it's not really happening. And this is very concerning
29
because on paper this is really one of the best mechanisms invented.
30
31
Some member organisations were not even aware of any functions, but most of them knew that
32
this existed in the country. The indigenous people with disabilities I think is a very concerning
33
issue in New Zealand I met with the Maori disability community and they don't feel part of the
34
whole monitoring but they don't feel anyway included in the whole convention, it's partly
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because the individual collective rights issue that what the CRPD offers is not, like indigenous
2
people cannot really apply the individual rights in their communities. Which I think is also
3
interesting when we talk about monitoring to see the regional issues.
4
5
Last I don't know how many minutes I have left three or four, so Zambia the Convention was
6
ratified in 2010, the focal point is Ministry of community development, which is in the process
7
to re appoint focal points and one has switched to several focal point system, but what interested
8
me is the independent monitoring unit which is supposed to be the Article 33 framework was
9
established as an initiative of civil society DPOs so the government didn't do anything to start
10
designating an independent mechanism. So civil society took the leading role, it raises another
11
question, how far we can take nothing about us without us, and is it great if civil society persons
12
with disability and their organisations become policy owners, or not? It's very concerning.
13
14
So I'm not using this as a good example for 33.2 but I tend to use it as a good example for the
15
empowerment of disability movement and active civil society presence.
16
17
I do think the strengths are that the civil society there is using the CRPD as an advocacy tool,
18
they go to small villages with copies of the CRPD, easy to use read, Braille, large print, to tell
19
the people what's going on, they are quite active in legal reviews and they ask the opinion of the
20
local communities, of their member organisations what to put in submissions. And they do a
21
awareness raising a lot.
22
23
However the challenges as I mentioned in the introduction, this is funded by international and
24
EU and if the money is gone what do they do, and I have a criticism, not a criticism but
25
constructive question, how do you evaluate, they got this extra none, but if you go there and talk
26
to the people they had no chance to get government money or any other internal money, it's a
27
very poor country the GDP is like 1600 euro and to compare with Germany where it's 57,000 so
28
it's a massive gap, so how do you ensure developing country to implement and monitor the
29
Convention. So I think it's a good example that it was their initiative as they felt that there is a
30
need to do something and it's very interesting that in the IMU, however the Human Rights
31
Commission, which is an A status NHRI in the country, formally part it have, but practically
32
they don't have any relations, so the Human Rights Commission is just practically left out from
33
the monitoring work. Very interesting I think.
34
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Here are some of my conclusions so the government shall formally designate an Article 33.2
2
framework including one or more independent elements.
3
4
Independent funding should be provided for members of the framework to carry out systematic
5
monitoring work.
6
7
The work of the framework should be regularly monitored because it often happens that it's
8
established, operating on a certain base and people are not satisfied with it, DPOs are not
9
satisfied, the NHRI doesn't know what to do but the question is who should monitor the work of
10
this framework and I guess the CRPD committee's feedback is very important. But I think that's
11
important question.
12
13
The meaningful participation of persons with disabilities should be guaranteed, it's very difficult
14
for me empirically to measure what is effective participation and not just active consultation.
15
16
Thank you very much.
17
CHAIR: Any questions for Magda? We'll take one or two.
18
PROF BICKENBACH: Just a question for all three of you, 33.2, the promotion, you
19
characterise that as raising awareness, or one of the activities. Of course we have an awareness
20
article as well, another rap and I didn't know if it was 7 or 8! But there is an awareness article. If
21
you look at the parallel with the feminist movement there was another kind of promotion issue
22
called consciousness raising. It also strikes me, there is statistics on representation of people's
23
with disabilities in DPOs, they are probably minimal, you are probably talking about 1%,
24
probably less than that of people with disability who are actually active members of DPOs. So
25
do you think under 33.2 there would be room for governments to be funding, not engage in
26
consciousness raising, but funding consciousness raising, that is to get people with disabilities to
27
realise their interests are being represented and that it is in their interest to be more participating
28
in this activity.
29
MS BIRTHA: Certainly, I also think that the governments in general should recognise in
30
policymaking they can benefit a lot from the activities of persons with disabilities. The smart
31
government, I met a few countries they really use the potential in civil society in drafting
32
policies.
33
PROF BICKENBACH: My question is on consciousness raising, that is to say the government
34
engaged in persuading people with disabilities to participate, not DPOs.
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MS BIRTHA: It's difficult, but not the government, then who would fund this? And it would be
2
important I think, but I haven't really thought about this question in my research but thanks, it's
3
very important.
4
PROF De BECO: Very briefly maybe two aspects that I see in practice, one question is to
5
participate like in this whole framework is very difficult in practice, that we agree on. When a
6
government should -- actually I think the government should make sure that independent
7
mechanisms are accessible and there are ways to participate and should be encouraged but it
8
should not be forced. Because sometimes we are showing a lot of beautiful examples and it's
9
difficult for us to do that, I think the best will in the work would be to do the other way, a not to
10
do list, not to blame particular States, it's not easy to blame, but in the not to do, there are forcing
11
or excluding is not good I think.
12
CHAIR: One more and then we're breaking.
13
SPEAKER: Just a question -- forgot yeah, in your presentation you mentioned that Paris
14
Principles were endorsed by, but not adopted, does that have any effect on their status, the Paris
15
Principles status and effectiveness for NHRI?
16
PROF De BECO: Thank you for the question, it's very broad what you are asking me. In brief, I
17
think there is an evolution in the legal status of the Paris Principles, in the beginning it was just a
18
document drafted by the existing institutions but reminded by committee bodies by organisations
19
by everyone and any recommendation, you find them in two treaties in Opcat and CRPD, but it
20
has been strengthened since 2006 it has been enhanced, a permanent review which is in the very
21
transparent so far but gaining legitimacy, those that are accredited can have a seat in the Human
22
Rights Council, so there are, through different means it is getting a more important status but it is
23
not an international committee that's important to know. And the question is also whether this
24
kind of guideline written by institutions in 1991 are that much relevant today when we have
25
many different bodies present and when there are so many other institutions, but reviewing them
26
either making an international treaty would be dangerous, because States might water them
27
down, and even reviewing might not be possible because there are so many institutions today so
28
they require specificity.
29
SPEAKER: I just wonder whether there is universal or best practice monitoring tool that has
30
been developed by any of those countries to help, a tool for monitoring the implementation.
31
MS BIRTHA: Certainly there is a UN tool on monitoring.
32
PROF De BECO: I can only say that it's missing, do whatever you can to ask people to help
33
create one. There are a few guidelines, I can give you the list, but the monitoring tool, to
34
monitor implementation of Article 33, besides the feedback of the UNCRPD committee which is
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very scarce and so far does not help that much, there is unfortunately not that much.
2
MS BIRTHA: There is a training tool developed by the UN on monitoring the CRPD and of
3
course it's one of the first publications in this regard, but I certainly think it's helpful but not
4
helpful for the dynamics of the framework and to maintain those relationships, but I do think it's
5
helpful for civil society to know better how to monitor, it's available online.
6
SPEAKER: Let's assume, there is a hypothetical example, a question to Magdi, let's say that you
7
have a government who is kind of committed to consulting with DPOs, and you have a DPO
8
movement that's fairly fragmented so you don't have a really strong voice speaking as one DPO
9
voice. And the government saying we do want to consult but really we can't speak to every
10
single DPO in the country, you guys must give us two or three people that we are going to
11
consult with, because it's impossible, we can't speak to every single organisation that comes and
12
wants to consult with us. How does one deal with that? Is this a valid dilemma on the part of
13
the government? Or what would your response be.
14
MS BIRTHA: It's a valid dilemma but also the government, because it's a very complex thing
15
the whole policy making and different Ministries and departments, and I think it's certainly
16
important for those departments to identify the first stage, the different stakeholders they need to
17
and be able to see this variation in the movement and not just choose the easy way that there is
18
this representative organisation, we know the leader, they just send somebody because that's
19
tokenism and I just feel this from the government side, to be conscious about who are our
20
stakeholders in the movement, we talk about, I don't know developing educational policy, who
21
are the organisations we need to invite and of course you can't have a hundred people around a
22
table, but you had need to plan this involvement in a strategic manner and to avoid that it's just a
23
consultation, where you as a government give a draft to some representatives of some DPOs and
24
they have a short deadline to comment and you don't even include the comments, because that's
25
what's happening with so many countries and they sell it as we consult with our DPOs and they
26
clearly don't.
27
SPEAKER: I'm going to ask, I'm an anthropologist speaking this afternoon so I'll bring this up
28
again, but one thing that strikes me working a lot in the developing world is we're talking about
29
all of this from a top down, but maybe we should reframe the question and think of it from the
30
bottom up. How accessible are all these structures if I'm a disabled woman in a rural farm stead
31
some place in Zambia or Tanzania, how do I even frame these questions, who do I contact, how
32
can I even get on a bus that's inaccessible to get it a nearby city to talk to somewhere who is a
33
lawyer if I have no education and may not even presume to be able to do that. How do I talk to
34
people in my household, people in my household telling me my needs are not as important as the
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needs of the broader household or community in which I live.
2
3
The chances of my being part of a DPO are very slim in all these countries let alone having even
4
heard of a DPO. So I think we should also think, start from the individual up, how do people
5
who need this support get it. I don't hear that much of this discussion anywhere. I would
6
encourage people to start to think of it that way.
7
MS BIRTHA: I do agree, just one comment on this, I think it's really easy to go on the
8
centralisation line because it's just more effective and because all the time pressure an
9
inaccessible working method offered by the government, the DPOs in my understanding have to
10
choose just to go for centralisation, you have two or three active people whole do all the work
11
and the resources just cannot cover what you are talking about, which I think is absolutely
12
important.
13
SPEAKER: I didn't think you were going to solve it right here, I don't mean to put you on the
14
spot.
15
CHAIR: Thank you to Gauthier, Magdi and Meredith for a very lively presentation and thank
16
you for your questions and your discussions and we'll see you after lunch.
17
18
Luncheon adjournment
19
20
CHAIR: This session is looking at kick starting the process of change, learn ageing
21
development aid to enhance the process of change, international co-operation I'd like to
22
introduce our first speaker Prof Groce director of Leonard Cheshire inclusive development
23
centre in University College London I'm not sure I can give you her CV it's so wide, her depth of
24
experience is huge, but her research interests have included disability and international health
25
development, violence as a global health problem, equity in access to healthcare, minority and
26
rural communities, she also serves as advisor to UN World Health Organisations and other UN
27
agencies, and before she came to University College London she was a research scientist at
28
Harvard university and Associate Professor in global health. So I think we have a wealth of
29
experience here beside us today and without further ado I'd like to handover to Prof Groce.
30
PROF GROCE: That just means I'm older!
31
32
I've been assigned today to talk about Article 32 and here it is in all it's glory, I am going to
33
speak in two parts, I'm going to speak about Article 32 and the break ground of Article 32, and
34
then I'm going to speak about the perspective from someone who does international health and
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development, so I'm not a lawyer, and I approach it from a very different perspective, I see both
2
the strength and some of the weaknesses of trying to carry out Article 32, let me just -- I meant
3
to highlight this but let me just go over it briefly.
4
5
The issue for Article 32 is that it's a statement that says State parties recognise the importance of
6
international co-operation and promotion and looks particularly at international and regional
7
organisations in civil society, in particular organisations of persons with disabilities although not
8
exclusively DPOs and then it has four sub themes, ensuring the international co-operation,
9
including international development programmes are inclusive and accessible. Facilitating and
10
supporting capacity building, including the exchange and sharing of information, experiences,
11
training programmes and best practices. Facilitating co-operation in research and access to
12
scientific and technical knowledge. And providing as appropriate technical, economic
13
assistance, including facilitating access to and sharing of accessible and assistive technologies.
14
15
That covers a very wide scope. Let me talk a bit about the background, it's also a very unique
16
article in many ways in this or any other Convention.
17
18
The article is founded on, with the knowledge that people with disabilities are among the most
19
marginalised and poorest of all poor people and that most international development activities do
20
not reach people with disabilities, it's estimated that 80% of persons with disabilities live in
21
developing countries while only 3 to 4% are estimated to benefit from development efforts.
22
23
We have statistics on disability, it's a best guess at best, I don't know where the 3 to 4% comes
24
from, so I would say it is widely quoted, but don't quote it of me, because again a lot of these
25
figures, it's like two out of every five felt of the poorest people on Earth are disabled that's a
26
guess not a statistics, when we're talking to people outside of the legal field, when we have to
27
talk about development.
28
29
A number of reasons it was felt there was an urgent need for the inclusion of a specific article on
30
international co-operation in the CRPD is testify and this is the article.
31
32
In many ways even when the Convention was being written this article was a centre of a good
33
deal of controversy, some State partners, especially the northern States were afraid of great
34
financial consequences. Some UN agencies were not too happy either, I won't go back, but if
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you look at the article it's kind of vague, it says we'll help with all sorts of technical assistance,
2
we'll become involved in and support disabled people's organisations, there is no specificity
3
there. So they are talking about a right, but if you talk about development you are also talking
4
about an obligation to fund and to support, and that made a lot of State parties very nervous
5
because there is no end to the amount of support that you could give.
6
7
Traditionally UN Conventions only make brief reference to international co-operation concepts
8
and these are usually not linked to unqualified specific technological and economic assistance.
9
10
So even putting it in was a stab in the dark, but I think it was felt at the time, I recall the
11
discussions, it was felt that something had to be in there. And the reason it was felt that
12
something on international co-operation had to be in there was because disable is a major
13
crosscutting development issue for all development partners, although it is rarely addressed in
14
development efforts. Because international co-operation which is not inclusive of disability
15
issues potentially can lead to creation of long term barriers for people with disabilities, we have
16
recently written a paper which I actually company send, put up on the website, where we're
17
talking about a disability and development gap, so I think it's growing.
18
19
If no child in the village goes to school then the disabled child is not in school is not at a
20
particular disadvantage. Once every other child in the village goes to school that disabled child
21
is now both educationally and also socially often marginalised in a way they are not before
22
development comes in.
23
24
So development must be addressed. And also I believe Article 32 is put in because it was felt it
25
was a unique opportunity that would not come again.
26
27
Who supported the article when it came up for a vote? All the government delegations,
28
delegations with extensive development aid programmes such as the EU and countries like the
29
US, NGOs and DPOs so it had broad support. By the way I'm putting pictures in because
30
nobody is putting pictures in, so I thought it would wake you up!
31
32
Under Article 32 there is a number of obligations, it calls for international co-operation,
33
including international development programmes to be inclusive of and accessible to, persons
34
with disabilities.
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1
2
What do we mean by international co-operation? Broadly we're talking about aid programmes,
3
exchange and sharing of information, experiences, training programmes and that should be best
4
practices. It could be although not currently used also nearly enough to talk about educational
5
exchanges, ensuring training of students with disabilities and training on disabilities for people
6
going into all the professions.
7
8
The obligation also is anything that enhances implementation. So sharing information, practices
9
for reference, scientific research, education, co-operation between States, international
10
organisations and civil society, in particular the DPOs and the development of technology.
11
12
That's a lot of development. It's made all the more striking by the fact that not only does it cut a
13
very wide swathe but we haven't informed development agencies about this yet, so the, it sounds
14
good on paper, but in fact and I'll come back to this in a bit, those obligated to respond and
15
collaborate for fact many of them don't know that the Convention exists, have not been part of
16
the dialogue, and really haven't thought through how their policies, other than perhaps the stray
17
small specifically targeted project or programme will reach people with disabilities.
18
19
Who is obligated? Well everybody. State parties, regional groups like EU, specialised agencies
20
like World Health Organisation and UNICEF, financial institutions including World Bank and
21
actors in the north and south and it has implications for all work, so for example the millennium
22
development goals should be, when the Convention came in, it was passed and ratified in
23
2006-2008 we need to go back and look at all the millennium goals and see how those are
24
affected by something like the Convention.
25
26
Where is disability mentioned in any of the millennium development goals? Well it's not that
27
boat had sailed by the time we start to look in 2002 at the UN, at putting together a UN
28
Convention we were already two years into the millennium development goals we are now
29
having another conversation on MDG, and what it will look like in post 2015 agenda, but in fact
30
I'll come back to this again, currently there is nothing on disability in most of the naming or
31
instruments that are driving the international development agenda and the MDGs top the list.
32
33
What are State parties obliged to do under this Article 32? Well they are supposed to establish
34
and presumably maintain relations between all actors link all fields related to disability in a multi
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lateral and decentralised co-operation, around things like poverty alleviation, health, education,
2
civic involvement and also co-operation through technical and/or economic assistance.
3
4
It's also linked to Article 31. Again States are to collect data and statistics, to disseminate data
5
and this has a very applied implication for Article 32. Briefly, unless you know where you are
6
you don't know where you're going. And so if you don't have statistics now figuring out whether
7
any progress has been made is very difficult to do.
8
9
And we're talking about statistics or monitoring or evaluating, but when it comes right down to
10
it, unless you have the numbers how many people are affected, how many programmes, has there
11
been an improvement over time in people's income or level of education, so baseline and some
12
progress being made on baseline, just saying how many people are affected or how many people
13
with disabilities live in poverty doesn't tell you much, if you say 40% of all people in country X
14
who are disabled make less than 1.25 dollar a day that's important but you also need to know
15
whether 40% of non-disabled people make the same amount or whether people who are disabled
16
-- actually there are only three answers to much of the research. People with disabilities are
17
either worse off, same as or better than people non-disabled in the same category.
18
19
So all this talk about monitoring and evaluation in terms of the development component, we
20
need to think of in terms of not just figuring out where we're going but where we are now and
21
building on that.
22
23
This is not entirely new, there was a call for a statistics bureau on disability that went in and was
24
passed around at a meeting in 1932 that the league of nations ran, it was a proposal that was put
25
in by what's today the New York based organisation Rehabilitation International.
26
27
So we have known this was coming for a while. But again we still have very little in terms of
28
actual information on which to build.
29
30
Finally, then I'll get back to development perspective on this. The very last line of the Article 32
31
says: The provisions of this article with without prejudice to the obligations of each State party
32
to fulfil its obligations under the present Convention. This means to me at least as a non lawyer,
33
that if States don't meet this article or do not implement in a time leeway, non of the rest of the
34
convention is to be held up. So in a sense you can do the rest of the Convention without doing
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anything about international development and it should still move ahead.
2
3
In a sense then Article 32 is aspirational. Where we would like to go as oppose to where we are
4
now.
5
6
What does this look like on the ground? This looks very impressive. But what does it look like
7
on the ground? Well, there is a distinction, a fundamental distinction between a rights
8
perspective and a development perspective to begin with and we really haven't had much of a
9
conversation about this. A rights perspective as lawyers or people approaching rights issues, you
10
will say it doesn't matter if it's one person or a thousand or 10,000 people, their right to for
11
example get to the voting booth and vote is the same.
12
13
So we want every voting booth in this country to be disability assessable even if only one person
14
votes. That's not -- is that fair enough for a rights perspective? From development perspective,
15
people working in international development are coming from both economics and in terms of
16
health, they are coming from epidemiology as a background and they are thinking greatest good
17
for the greatest number.
18
19
So they are not going to - if I said I want everything to stop and for you to put in place accessible
20
voting booths for that one person somewhere in the country who might want to vote, the
21
response I would get from most development people is say certainly we appreciate that, it's a
22
nice thought but how about the, can't we put in a ramp to a health clinic instead or a ramp to
23
schools where we know we'll get more people, we know that 10,000 children will be affected not
24
just that one.
25
26
So the numbers are not only important but they set priorities. And it can be very complex. I was
27
going to give an example, a couple of weeks ago we wrapped up a big study in Nepal where we
28
looked at disabled women's access to maternal health services. We found that, we surveyed
29
almost 14,000 women of whom 28% or about 4,000 were disabled, but of those women with
30
disabilities it was the women with more severe disabilities which was only a much smaller
31
number only several hundred who really needed intense support and services.
32
33
So what do I tell the local Minister of health in the Mokoupor district in Nepal I can say and I
34
did last week in a meeting you need to educate all your health workers on how to treat women
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with disability with respect and dignity and here are their rights.
2
3
But when it came to where do we put the most funding it would be in an out reach effort for
4
women with the more severe disabilities to teach them how to take care of neonates immediately
5
afterbirth. So my suggestion was not just a rights based suggestion, I can broadly say rights, but
6
when it came right down to it, in terms of priority they have a limited budget and a limited
7
amount of time and attention, they are going to pay to this information.
8
9
If I'm thinking of Article 32 and thinking what I say as a medical anthropologist I'm not really
10
taking a rights approach, I wish I could. It's a luxury in some ways that I can't afford or I'm
11
going to lose the dialogue.
12
13
So that comes to, plays out in things like millennium development goals, do you do the greatest
14
good for greater number, do you talk about rights? I'm not going to decide this, but I do want to
15
bring it to your attention.
16
17
It's not as easy as just saying rights when it comes from the bottom up. Also when it comes to
18
work under way there is a lot of work under way in many of the countries I have worked in,
19
where the national ratification of the CRPD has been an important step forward, I'm talking in
20
the last six months forks I've worked in Tanzania, Zambia, Uganda and a couple of others, the
21
CRPD is very important and the CRPD has engendered national policies that also look great on
22
paper and in some cases for example Tanzania just did an excellent national census, so for the
23
first time instead of guessing how many disabled people there are we know now on the village
24
level in Tanzania how many people with disabilities there are.
25
26
Best practices have lagged behind but suddenly we are getting, from a development perspective
27
we are start to get data, we are starting to fill in at least pieces of puzzle but data and numbers
28
alone don't drive policy and neither does law. I'll say this now, I'm terrible with PowerPoint, so I
29
might come back in a little bit. But it's important to realise there is a top down and bottom up
30
approach.
31
32
Tanzania is a good example. They have a very good, they have done a lot with awareness, a lot
33
of the Ministers now know about the issues involved, there is a strong civil society and DPO
34
movement that has start to move forward. So people in on the dialogue about the Convention,
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but you go to any NGO, large NGO like save the children or Oxfam and ask them about
2
disabilities and they will say oh well we did have a special, one special programme for
3
disabilities about three years ago once for a group of disabled children. Or a large NGO that will
4
go nameless talked about, they certainly supported disabled children and they actually got three
5
wheelchairs just last year for all the children of Tanzania, I think three wheelchairs doesn't do it!
6
7
So in terms of just the numbers involved, knowing that these things are on the books was not
8
translating down in a meaningful way. And when it does translate down, when you go to people
9
who know about these things, you go into a Minister of health or Minister of Education or
10
something and say the Convention says this, but I notice that non of the children in this district
11
are currently in school, but the law is clearly on the book, often his or her response is yeah, we
12
know, what are you going to do about it?
13
14
So just having the laws on the books do not generate the action that we sometimes think it does.
15
You can't -- in many countries you can't just sue and get your rights. And in fact I said this
16
earlier in a comment. If you are an individual with a disability in a small village or in a rural
17
slum, where do you start, how do you even move up that chain?
18
19
Again I have more questions than answers with this. But I think we should be asking these
20
questions. We made great progress with the CRPD, but until the CRPD starts playing out on the
21
ground with people that really need the support, then we've not fully implemented the
22
Convention.
23
24
I don't know if we'll ever fully implement the convention, but we need to be perhaps asking
25
tougher questions. I'll give Janet to give the example of AIDS that's a good example. I've
26
worked some on the impact of issue of AIDS on people with pre-existing disabilities, people
27
with disabilities are at significantly increased risk of becoming HIV positive, they are as sexually
28
active as any other group, they are more likely to be sexually abused, less likely to get
29
information about how to protect themselves from becoming infected and once infected they are
30
less likely than other people to be able to get the care, support and resources that they need and
31
often are entitled to by law, in order to make sure that they stay as healthy as possible for as long
32
as possible.
33
34
Nonetheless, getting the attention of the global AIDS community, which should be, because they
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are under the swathe of millennium goals, they should be bound also by the Convention, and
2
they are simply not. Actually Janet and Steve Estey also have been part of a campaign we have
3
been having for about four or five years now, where we're continually pestering and I mean
4
calling and showing up at the doorstep of UN AIDS, we even got a statement out of Michelle
5
Sedabey head of UN AIDS about how they need to pay more attention to persons with
6
disabilities.
7
8
Nonetheless there is nothing that we have been able to do to get the global AIDS mechanism to
9
be more responsive to people with disabilities. That's a tragedy and a lost opportunity and the
10
Convention should be a mechanism that allows us to pull a lever and get people's attention.
11
12
It does to some extent but not nearly enough. So the issue is what, my question to all the smart
13
lawyers and policy people in the room is what mechanisms are we missing so that we can have
14
Article 32 in Convention, we have 132 countries signing onto the Convention and yet we're not
15
able to actually move things in most countries where the Convention has been ratified.
16
17
Also in terms of legal efficacy, by the way I don't mean to make -- it sounds like I'm
18
complaining about the convention I'm not at all, but I do want to say coming from outside I see
19
its limitations as well as the strengths and so they invited me here to say a few things about
20
development, so I'm just going to bring up some of the other issues that bother me on a regular
21
basis.
22
23
One is that we think this is the only system we have when we talk about national legal systems,
24
there are also traditional legal systems, local legal systems, often they are not moved into the
25
national legal systems and we need to have a dialogue within many of the traditional legal
26
systems as well, how people run their families and communities and have the Convention also
27
translated into a format where people, under traditional tribal legal systems think through what
28
the Convention means to them.
29
30
We keep talking about stigma and prejudice, there is a lot of stigma and prejudice out there, but I
31
often see -- I certainly encounter a lot of stigma and prejudice but I also see people just don't
32
know what to do, I think it's more ignorance often than Stig map and prejudice so you sit down
33
with a local tribal leader number some of the places I worked and explanation the Convention
34
and they'll always say oh my grandson has just this problem, I have often wondered what it do as
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well.
2
3
So again while stigma and prejudice are important, it's equally important to realise we sometimes
4
miss teaching opportunities and for people who just don't know where to start, or often have
5
never thought about disability in anything other than a medical context.
6
7
So I think the convention is an extremely powerful tool to frame this kind of dialogue, but we
8
have to start off with the idea that most people have not heard of the Convention. Even most
9
disabled people in the world have not heard of the Convention. I just finished a study for
10
Barbara Murray and the International Labour Organisation, we went out and I did a study of
11
disabled beggars in Ethiopia and I went and surveyed a whole bunch of people who weren't quite
12
begging, who were disabled and live on the streets or slums of Adis and asked how many had
13
ever heard of the Convention, less than 7% had ever heard of the Convention and that was only
14
because it had recently been on the local radio.
15
16
Only 3% had had any contact with any local DPOs so we're assuming that our efforts at this
17
level are reaching people with disabilities at the ground level and it's sadly often not the case.
18
19
Also in terms of need and priority, there are different levels we need to think about when it
20
comes to the Convention. Government is one, as I said the government, you can have people in
21
my experience a lot of people who work in Ministries and other places are very smart, very
22
dedicated people, but that doesn't mean that the work moves beyond the Ministries.
23
24
You have local government official who is always are not approached when we think the
25
Ministries will tell them about the Convention, in fact I think that's maybe something where we
26
can effectively go in and get people's attention at the local government level. And I have already
27
spoken about traditional practices. By the way talking about traditional practices and beliefs we
28
often say we have to fix things, but we really need to think, this is true for disability worldwide,
29
it's often complex and nuanced, so for example I put Ecuador there so I'll tell awe story, I did a
30
study not that long ago, actually it's three or four years ago.
31
32
I went in with a student of mine, we were going to look at childhood immunisation rates in a part
33
of Ecuador and my theory was that disabled children would be much less likely to be immunised
34
than the non-disabled siblings, turns out they had exactly the same rate of immunisation and the
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reason was because the local belief was that disabled people were just like everybody else. And
2
so they didn't have a prejudice towards disability that we had assumed would exist.
3
4
So we need to look at traditional beliefs about disability, because sometimes they are not
5
prejudicial and we can build on them as opposed to assuming that we know better. Again
6
because we're building on them and building towards things that can link in with the Convention,
7
and I think that's very important and it's a lesson we are learning coming from a development
8
perspective.
9
10
Also I mention this to my comrades earlier, rights at a household level, versus individual rights
11
is an issue that comes up time and again. Much of the world thinks in terms of collective rights
12
as opposed to individual rights, and I think it's particularly complex when it comes to issues of
13
women, persons with more severe types of disabilities, persons depending on the country and
14
region, certain types of disabilities, often -- I just was speaking to a woman who was a chair user
15
a couple of weeks ago, of living in a large extended household in a family in Zambia, she said I
16
know -- she was well educated she said I know my rights under the Convention but I don't want
17
to press them because my family is very poor and I feel the priority in my family should be the
18
children who are not getting enough to eat.
19
20
Where do we start with that? Well there is lots of places to start, I'm not going to did you say at
21
lengths here, but again we need to think of how Article 32 translates on the ground into
22
complexities.
23
24
There are additional complexity, rural versus urban, gender, ethnic, the type of disability one
25
has, the severity of that disability, the age of on set of a disability will make individual choices
26
different. Someone who loses their vision at birth is going to have a very different Life Course
27
than someone who loses their vision at age 45 and we need to think of that. Again in terms of a
28
rights perspective it makes no difference, one person is as entitled as another to all that the
29
Convention has to offer.
30
31
But in terms of development and thinking through the complexities of development, we need to
32
have a very thoughtful dialogue on how we as a global advocacy community are going to handle
33
this.
34
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There are currently also a number of players the UN system for example some of whom are
2
suddenly on board, the World Health Organisation a year and a half ago put out the world report
3
on disability, three weeks ago the state of the world's children the annual report from UNICEF
4
on something to do with children, this years thanks to Roseanne Beiler and her crew have for the
5
first time featured disabled children, get online and look at the state of the world's children, it's
6
the most current thinking and current data avail on disabled children worldwide, these are
7
important steps forward.
8
9
There is also new development activity, AusAid the Australian government's funding of
10
international development efforts, DFID the British, I was going to say UN AIDS but I'm going
11
to leave them off because they haven't done much recently; USAID also these organisations are
12
starting to do a bit more on international development and it's framed by the Convention, having
13
said that bilateral support goes up and down, so USAID used to do a lot currently they are
14
missing in action as far as I can tell if that's fair to say Janet? We like them but they are missing
15
in action. AusAid used to do nothing now they are working more.
16
17
Nothing stays fixed but there are global trends and differences that you need to stay on top of if
18
you are talking about Article 32 and who the players are who are being responding to, should be
19
responding to it. The big international aid organisations that do most global development, again
20
things like Oxfam, save the children, you know the list, historically and currently are doing very
21
little that could be considered really helpful for persons with disabilities, they have sometimes
22
some programmes, but in my experience, often when you press them on it, especially in light of
23
the Convention, what they say is our programmes are universal, they reach everybody but they
24
reach everybody but not persons with disabilities. And what we need is more of a twin track
25
approach where you have both inclusive programmes and programmes targeting at specific
26
populations in need. And we don't have that, I think we're letting a lot of these big organisations
27
slide because nobody is showing up at their doorstep with a copy of the Convention and saying
28
hi we're your local DPO and we'd like to go over the Convention with you in detail, Oxfam or
29
save the children or whatever.
30
31
So those of you who are in any third world country where these organisations work, or any
32
developed country where these organisations collect a lot of tax free money, might want to just
33
Mosey on down to the local NGO with a copy of the Convention and have a dialogue on what
34
they are doing especially in light of Article 32.
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2
Again the DPOs and civic society I mentioned before so I won't go over it here.
3
4
So this is, I've covered a lot of ground very quickly! But what are the next steps? Well I would
5
say the next steps are that we need to realise that just because something is a law at the global
6
level or Convention at the global level doesn't mean it translates into action on the ground.
7
8
There is an assumption that it does, we have to start some place, I'm not against international
9
conventions and I know that many of you have dedicated your lives to the CRPD so I'm not,
10
again I think it's a terrific place to start. But just because it's on the books, even when it's been
11
ratified by a national government and even when the national government has come up with a
12
national policy to match, so the way that the Convention works is that you ratify the Convention
13
and either before or after that, depending on what country, so for example Canada, I believe has
14
to change the laws before they approve a convention, other countries do it afterwards.
15
16
But you domestic ate the Convention by changing the other laws to be in line with that
17
overarching Convention. Many countries have done it and done it well. I know a few countries
18
with better policies on the books than Uganda, so there are many countries that have really
19
excellent policies and really excellent laws and really excellent national guidelines, but unless
20
they are enforced it really is kind of an exercise in futility. They are there and we should work
21
with them more, but when you get into the office of the Minister of Education or the local
22
district governor and you trot out all this information and the response is well yes, we know it's a
23
law, but we have no money to implement it, we have more pressing issues in mind, what are you
24
going to do about it?
25
26
The US would say, so sue me, only in this case, if you sue them there is almost, you get a very
27
small settlement, maybe ten years down the road if the legal system is working at all, and so
28
again it's not as straightforward a process as one would think.
29
30
So to summarise, Article 32 opens a can of worms in some ways. It puts us on the block by
31
saying while we're here with the Convention, let's include all of international development and
32
by international development I also include things like global health, so overarching
33
international development and we'll get all these groups to talk to each other, do data, we'll
34
monitor and evaluate and make sure it really translates into action on the ground.
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2
I would argue in some ways Article 32 may be the most ambitious and least successful
3
component currently of the Convention, having said that it offers tremendous possibilities for
4
advancement. We can pick it apart, we can -- we don't have to do it all in one go, but I think it
5
provides a framework that at least allows us at people working in the global advocacy from a
6
legal perspective, to open a dialogue with many people at all levels in many countries, both
7
developed and developing countries. Where before the passage of the Convention we weren't
8
entitled to have that dialogue. So in some ways maybe I shouldn't say the least successful, let
9
me put it more up beat way, I think the Article 32 offers the most potential, unexplored potential
10
to really make a difference.
11
12
But thus far it's also been, we haven't explored that potential and we need to understand that
13
there are limitations and very importantly we need to understand that the entire global
14
development community is coming at these issues in a completely different way than the global
15
rights community.
16
17
It's not that people in international development haven't thoughts of rights and it's not that they
18
don't think rights aren't important, but they do think that rights take a back seat often times to a
19
different mindset of the greatest good for the greatest number. And I see in the coming years a
20
need to really have a, develop a common dialogue between the two.
21
22
Okay now that I've cheered everybody up!
23
CHAIR: We'll have responses but I think also we should have some questions as well if
24
anybody has some questions. I'm really bad at pointing people out. So the person at the very
25
back with the glasses.
26
SPEAKER: Hi my name is Robert I used to work at the world food programme and food and
27
agriculture organisation, I loved your presentation, you hit a lot of nails on the head, I just had
28
two questions, number one, post millennium development goal agenda, I don't know that much
29
information about it, because I don't know if it's still being drafted, if it's launched, but when it
30
comes to people with disabilities do you know if there will be updates on that? I tried to do a
31
quick Google search but couldn't find anything.
32
33
Number two this is going to get really misconstrued so I'm going to try to ask in the most
34
politically correct way possible, but when I think of inclusive development I think of cultural
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relativism in itself being a barrier, no I just said it but let me explain! You said there is a lot of
2
stigma, such as HIV still being a taboo, disability still being seen as a shame, Albino being off to
3
the side, there is lots of examples I can list many more, but when it comes to those issues, I don't
4
want to be seen as the white guy in Africa blaming the victim or anything like that, but including
5
the twin track approach that you brought up earlier that's really interesting, what other tactics can
6
INGOs do in order to include people with disabilities? I think that's it.
7
MS GROCE: I'm going to answer the questions and I also have someone doing a thesis on this
8
I'll turn it over to her. In terms of the MDG there is an ongoing dialogue there is regional
9
meeting all over the world among disability groups I was at one in Malaysia a month ago, so
10
there is some discussion starting to form and policy papers, it sounds great.
11
12
The MDGs themselves haven't gotten their act together yet, so the committees they are writing
13
papers for haven't started yet. And so what the ultimate inclusion will be I'm not sure, in the
14
year 2000 when the MDGs first were written the global disability community looked very
15
different. Now in the aftermath of all the work mainly that came together around the
16
Convention, it's a very different frame of reference and the global disability community is poised
17
and waiting for the UN to get its act together to do something with the MDGs.
18
19
Having said that they are being re written now and they have to have something in 2015. But
20
they don't have to have something, it's possible that the UN has done it before, everybody will
21
gather around the table and there will be no consensus, we are assuming there will be another set
22
of MDGs there may not be and we should think if it falls apart like the Rio conferences fell
23
apart, what's our fall back strategy if there is no MDG?
24
25
As far as cultural relativism goes, there is lots of ways to approach it. As I said there are
26
different -- we have done very little research on how different societies deal with disabilities in
27
different ways this is going on, years ago, this shows how old I am, I did my thesis as an
28
anthropologist I stumbled across an island with a high rate of hereditary deafness and everybody
29
on the island adapted by becoming bilingual in English and sign language, I have been thinking
30
about this for a long time.
31
32
One place to start is to start by talking to the local people with disabilities and seeing what their
33
take is on it and what they would like to do about their lives and their own communities. We
34
don't do that enough. We go in and assume we can speak know on of half people who are
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disabled at the local level, but if we asked them more that we might have some place to start.
2
3
I could go on about cultural relativism but as an anthropologist you don't want to hear me go on
4
for hours, let me turn the floor over to Mary.
5
CHAIR: In terms of the process at the moment the high level panel have published a report in
6
the past two weeks and it disability has been referenced in it but that is only one part of the
7
process. So there is a stock take meeting happening in New York in September, which will be
8
bringing together the processes that have happened over the past couple of months. Then it will
9
go into an open working group which will work for another year which will -- there is a lot, I
10
think there is an understanding that what's happened up till now will translate into that, but there
11
isn't any particular guarantee around that.
12
13
So I think there is a lot of emphasis and work put into consultation happening at country level
14
for the past year, the high level panel report is published so now it's about, still another year and
15
a half of very strong advocacy work that needs to go on. We are not even sure how open the
16
process will be after September, in comparison to what it's been to now. So that's where it's at at
17
the moment.
18
MS GROCE: So me the practice, who is in New York coming up with it is like a black box it
19
took me months to understand what was going on and even then it was squished, so I'm the first
20
to say I'm mystified about the MDG process itself, but when I try to find out what's going on
21
from people who should know they seem equally mystified so the term is "stay tuned."
22
SPEAKER: I would like to hear from you particularly on the issue of how one form of disability
23
can deal with another form. For example particularly it in developing countries like India can
24
we have syndicates where blind and physically disabled and even sometimes intellectually
25
disabled people come together to syndicate and empower themselves.
26
PROF GROCE: So you mean syndicates where people with similar disabilities band together to
27
support? Yes. And I mean historically there have been syndicates like that in many countries
28
for many years, the syndicates, I think it's an interesting approach to disability.
29
30
One of the things I'm interested in and we don't know that much about, is how the syndicates
31
have allied with DPOs.
32
SPEAKER: That's the problem. Because I feel that there is a lack of dialogue between the
33
disabilities. For example DPOs working for visually impaired have very little to offer when it
34
comes to people with speech impediments, so there is a lack of dialogue between the different
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disabilities. So how to enter into the dialogue and don't you think that encouraging dialogue,
2
particularly in the developing world will be useful, where you don't have any DPOs.
3
MS GROCE: It depends on the country, many countries do have those dialogue, they have
4
national federation style, disabled people's international here that put together some of that, in
5
countries I saw someone here from Zambia, they have Zafa there are some good overarching
6
organisations but still many times where DPOs are put -- let me rephrase that, I think part of the
7
problem is not just there are competing interests but often a very small pot of money and people
8
from outside the disability community are coming in and saying we don't know who to give this
9
to, show us that your particular group is more disadvantaged and more at risk than somebody
10
with a different kind of disability.
11
12
So we're continually putting DPOs in competition with each other for a piece of the, the same
13
piece of the pie, instead of saying why isn't the pie larger. That's part of the problem. I'm not
14
sure if I'm answering the question though.
15
CHAIR: Thank you, I think Janet maybe you would like to take the stand. Janet is going to give
16
a response. Janet is an international disability rights lawyer currently a senior research associate
17
at the Harvard Law School project on disability. And Janet has a wide-ranging experience with
18
regard to international development; she consults regularly with UN high commission for human
19
rights, UN DP, all the UN agencies here, also with bilateral donor agency such as USAID.
20
MS LORD: Thank you Mary, I guess my response, I'll frame it perhaps in terms of Nora's theme
21
which is the complexity of implementing Article 32 and I'll talk about that a little bit, both with
22
respect to bottom up or grass-roots level implementation of Article 32 as well as top down
23
challenges.
24
25
I'll start with top down challenges and a lot of the context for my work has been working on
26
projects, disability inclusive projects funded by the US government, particularly USAID and the
27
State Department and I'll talk a little about that and the challenges that I have encountered in that
28
context.
29
30
And I worked both on disability specific projects, I have done a lot of work around election
31
assistance, various types of democracy and governance project that is are disability specific in
32
focus. But I also worked on some larger development projects or what we call mainstream
33
development projects in which I was working on a disability component, attempting to
34
contribute the disability rights perspective.
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2
Both of those are challenging for various reasons. I do think that we have come a long way,
3
because now disability inclusive development is actually on the agenda as part of the dialogue,
4
we have a long way to go. I think the discussion around disability and development in the
5
context of the treaty really did serve as an impetus for a number of donor to start thinking
6
seriously about developing some sort of disability policy or reforming the policy they did have,
7
so we are seeing some exciting developments I think Mary, that are reflected in Mary's work
8
she'll point to those.
9
10
I'll talk a little about USAID, they started in 1997 with a disability policy paper that was non-
11
binding but the objective was to avoid discrimination against persons with disabilities in
12
programmes that USAID funds. And it aims to promote the inclusion of people within
13
disabilities in USAID programmes and in host countries where USAID has programmes.
14
15
So that was a start, not much happened, it wasn't really binding. In 2004 and notably that was
16
during the treaty process, the USAID made that policy guideline a formal policy, with more
17
specific objectives around non-discrimination and increasing awareness about disability issues
18
and USAID programmes, supporting advocacy for persons with disabilities, so it had a little bit
19
more heft but still was a long way in really being effective when implemented.
20
21
President Obama has moved the ball forward I think in appointing Charlotte McClain who many
22
of you may know, who is the disability policy coordinator at USAID and she is doing a lot
23
within the agency, one of the things she is looking at doing is actually reforming even further the
24
USAID disability policy, but she would be the first to say there are a number of tremendous
25
challenges in implementing the policy.
26
27
At the top down level, so actually informing mission directors at USAID about disability issues
28
making sure it's on the agenda, actually making sure USAID missions are accessible to persons
29
with disabilities, so that DPO leaders can actually engage in conversations and learn more about
30
possible funding opportunities so that in and of itself is a big challenge.
31
32
Actually ensuring that persons with disability can apply for and be recruited and get jobs within
33
USAID, we have improvements but we still have all sorts of barriers to persons obtaining
34
medical clearance to work for USAID and work for the State Department. I was involved in a
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research department funded by National Council on disability that looked at a number of these
2
particular barriers and they were pretty shocking some of them.
3
4
One particular woman who had worked internationally for a number of different agencies and
5
she had lived abroad in some pretty low infrastructure post conflict type environments but when
6
it came to the appointment in the context of getting a job as a development officer in the US
7
government, living abroad in a country similar to the countries where she had already lived and
8
worked, she couldn't get medical clearance and they said it would just be impossible for her to
9
live in another country like that and be able to work. It took quite an effort for her to challenge
10
that.
11
12
So all sorts of issues and problems with regard to that. And Charlotte McClain is in the process
13
of doing quite a lot of training to raise awareness about disability issues and what disability
14
inclusion really means because it's one thing to have a policy but translating that as Nora said
15
into action on the ground, what does that mean in the context of a court administration reform
16
project being funded across Indonesia, what does it mean in the context of a HIV AIDS
17
programme, large scale programme to actually reach persons with disabilities and actually
18
measure health outcomes.
19
20
Well there is things that you actually have to do, you can't just wish inclusion into a project. So
21
we came up with a number of recommendations to the USAID in order to, as a part of the
22
national Council on disability project and I'll just go through a few of those recommendations to
23
give you an idea of what came out of that research.
24
25
One was to enhance disability inclusion training in sessions for employees at USAID missions
26
and embassies; another was to update, review and update the disability policy. It's a bit outdated
27
and again it doesn't really give implementers any kind of guidance as to what needs to happen to
28
make inclusion actually work.
29
30
As well as recommendations around issuing additional directives that require meaningful
31
disability inclusion in statements of work and programme descriptions, so if you have a
32
multi-million dollar project that aims to reform the police in a particular country, the statement
33
of work and programme description ought to have a more specific disability dimension, it's not
34
to say it be inclusive of persons with disability, that's not going to give responders to the
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proposals much help as it what to do.
2
3
Charlotte McClain is working on applying a disability lens to the monitoring and evaluation
4
effort so we can actually enhance data collection, so that when an implementer says yes our
5
project aims to reach everyone, we're in fact knowing whether it is reaching persons with
6
disabilities.
7
8
Other things that seem a little mundane but that are really important, providing instructions for
9
applications for projects in the preparation of cost proposals for USAID on how to cost for
10
reasonable accommodations and modifications for persons with disabilities in order to make a
11
project accessible.
12
13
So including a line item in the cost proposal for the costing of am accommodation is actually
14
really important. If you want to in the context of a civil society programme, ensure that disabled
15
people's organisations are included you actually have to think about reasonable accommodation
16
measures and making your meeting space accessible. These are things that have not really been
17
talked about, certainly not something that the big mainstream organisations doing development
18
assistance think about at all.
19
20
And I think the disability community has done quite frankly a very poor job of engaging with the
21
mainstream development organisations on these kinds of issues. Typically disability
22
organisations have not played much of a role in these large mainstream development
23
programmes and hence there is very little understanding and capacity within the large
24
organisations about particular strategies to reach persons with disabilities or strategies to make
25
programmes inclusive. So a lot of it is on us in the disability community to reach out and make
26
ourselves resources and experts for those organisations because it's not going to happen without
27
our advocacy.
28
29
This is a big business, it's an industry, international development and again we can't just wish for
30
inclusion we have to make it happen.
31
32
One of the areas where I'm not at all optimistic about is not so much USAID funding or State
33
Department funding, but funding by the Department of Defence. We attempt to look into
34
funding of development assistance programmes by the Department of Defence and it's an
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impenetrable, very difficult to obtain any information, but we do know that DoD projects
2
funding inaccessible infrastructure in a lot of developing countries, in Iraq, Afghanistan, a lot of
3
other countries, that's highly problematic, so not just USAID, it was State Department and we
4
typically think of as doing international development work, it's also the Department of Defence
5
and it's a whole variety of other federal agencies.
6
7
So the complexity is really intense when you think about US funding for international
8
development and really what needs to be happening across different agencies in order to make
9
projects inclusive.
10
11
Then thinking about what inclusion might mean or look like in practice, Nora referenced the
12
work that she has done and she has been way too modest, around inclusion in the context of HIV
13
and AIDS programming and she really did the path breaking work which was showing the
14
population of persons with disabilities was really being missed in the massively funded project
15
that is were focusing on HIV AIDS education, testing, counselling, care and treatment, and the
16
technology Nora and her colleagues developed to address those gaps is really useful and easily
17
translatable to other projects.
18
19
So looking at low cost or no cost solutions to make a particular HIV AIDS programme
20
accessible, just ensuring for example that education, HIV education projects at community
21
centres are accessible, they are not held on the second floor. Or taking various actions to reach
22
out and train disabled persons in HIV education programmes, not just reaching out to other civil
23
society groups, women's groups or child rights groups, but including disabled people's
24
organisations. And then there is a sort of plethora of other types of responses that maybe a little
25
more costly or more long term in nature, but I think that's a really useful way to think about it.
26
27
We worked on a project in Zambia in which a very large mainstream HIV AIDS programme
28
funded by the US government was put in place and we were able to hire a young disability
29
advocate to work in that project as a disability focal point and expert and he was very well
30
connected to the disability coalition in the country and they worked very successfully on
31
ensuring that the educational project, resource that is were developed in the framework of the
32
project took disability into account and appropriately characterised disability and not reinforcing
33
negative stereotypes. Persons with disabilities were train to go and do HIV AIDS outreach in the
34
framework of that have project.
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2
So there is a lot to do in terms of working with disability organisations, disability advocates to
3
make sure these development dollars are actually spent in a sensible and accessible way and I
4
would say that Article 32 needs to be informed by the rest of the Convention, because the
5
Convention provide a great template for insuring that development is inclusive and in line with
6
human rights.
7
8
So unfortunately one of the problems we still see around the world is donors funding the
9
building of institutions or orphanages, or funders reform of mental health legislation or other
10
disability legislation in way that is are not at all in keeping or consistent with CRPD.
11
12
So in terms of discussions this week around legal capacity, independent living,
13
institutionalisation, both in terms of government donors and even more so private donors are still
14
reinforcing the bad practices that are now clearly in violation of the convention. So we have our
15
work cut out for us in terms of educating donors as well as implementers of these development
16
projects to think about what specific provisions of the convention should inform the way they are
17
doing their work on the ground and I'm extremely concerned about how we're going to go about
18
doing that, thank you.
19
CHAIR: Any questions? Okay I'm going to slot myself in because I am on the agenda to speak
20
about this so I have to chair myself now.
21
22
But I'm going to be very short because I really want to hear what Yen Vo has to say and I'm not
23
going to duplicate everybody Janet and Nora said.
24
25
Just to give you a bit of a background with regard to my study, my PhD focused on Article 32 of
26
the Convention, and it looked at mainstreaming disability in development aid and the focus on
27
three donor agency, Ministry for foreign affairs in Finland, USAID and also AusAid.
28
29
I have just come to the very end and to the point of hopefully submitting it this summer, but I
30
thought I would share a few things that occurred to me, it has come from the research for few
31
sure thoughts around Article 32.
32
33
The first was around the process of change, we are all here speaking about president process of
34
change that the Convention has to bring. One of the things that became very clear through the
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research was this process of change has to come from within the country itself. It has to be
2
ownership of it, most of the States have now ratified the Convention, but for many States who
3
are operating within a development context you are talking about little or no resources, possibly
4
no will, political will, and also maybe necessarily no disability movement that is able to hold the
5
State to account on this.
6
7
But this really is in terms of one of the priority areas where the focus needs to be, which is
8
looking at how development aid, development aid will never be tied, you cannot tie development
9
aid of the. But you can use development aid in a very useful way to build capacity of disabled
10
people in developing countries and one of the case studies I did in the research which is
11
disability rights fund, I don't know how many people here have heard of it, but disability rights
12
fund is a collaboration of donor agencies that have come together to look at how to provide and
13
channel funding to DPOs who can then bring about change in their own countries and one of the
14
issues around that and one of the issues I saw through the research was DPOs do not get funding.
15
DPOs cannot compete against mainstream as Janet has said, mainstream project implement teres
16
because you are talking about huge structural agencies that are able to compete for billions of
17
dollars and disabled people's organisations will never be able to do that.
18
19
So looking at the different mechanisms to channel funding that is not necessarily about services
20
and that's another important point that needs to be addressed in Article 32, we're talking about
21
international development programmes, talking about meeting basic needs of people with
22
disabilities, but we have to also go beyond that, the disability rights fund and different initiatives
23
like that are looking at not funding service provision, but funding the grass-roots local disability
24
organisation to hold their State to account on the accountability they have made to the
25
Convention and that's actually quite a unique and very positive process.
26
27
Now still it's very small funding and you can imagine if that was replicated on a much wider
28
level how much change it could possibly bring about. It's not necessarily adversarial, it's also
29
about how DPOs can work in partnership with local governments, raising awareness on the
30
Convention and also working in terms of solving the issues that they face.
31
32
So that's one aspect. So I think it really is about the process change has to come within the
33
country itself and development aid has a role to play within that.
34
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I think the reality is at the moment development aid is shrinking, OECD, the DAC report have
2
showed consistently over the past number of years that development aid from the major western
3
donors is decreasing due to austerity and different fiscal expenditure in donor countries.
4
5
So the possibilities of leveraging equal opportunity for people with disability just through
6
financial assistance is reducing, and that's something in terms of future, how to think about that.
7
Again it's back to the State, back to State-to-State co-operation and as Nora spoke about Article
8
32 during negotiations even though it was contentious about where responsibility of
9
implementation of the Convention lies one of the consensus that did come from it was there is
10
and needs to be State-to-State co-operation, that is north-to-north -- north-to-south, two-way
11
streets, not necessarily just from one perspective.
12
13
That's something we need to really think about in terms of Article 32, that focusing really
14
narrowly around development aid is not going to bring disability into a wider foreign policy
15
international co-operation issues.
16
17
With regard to Janet spoke about USAID and the processes that go on internally within the
18
agencies to recruit people with disabilities. One of the things, this is not just unique to disability
19
it has come through gender mainstreaming, we can no longer have business as usual with regard
20
to mainstreaming, mainstreaming and the way it works has to change
21
22
The criticism around gender main streaming focused around the fact it didn't give a voice to
23
people it was representing or purporting to bring about change and also didn't recognise diversity
24
and if we don't learn from those lessons we are going to continually respond to disability issues
25
in the category, we are not going to see the intersectionality of disability, women with disability,
26
children with disabilities, indigenous people with disability, people with HIV AIDS, this is about
27
moving disability to a broader understanding of how discrimination happens and particularly in a
28
development context, because that can be quite different in the context that we have here.
29
30
So in terms of mainstreaming there needs to be reconfiguration of that with regard to - I don't
31
think we can adopt what has been to date around the gender mainstreaming, we need to learn
32
from that.
33
34
We spoke a lot today about DPOs and disability organisations and I have been a disability
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advocate for many years I have worked in the Irish and international movement. And I think
2
there is something about the disability movement needing to start talking the language of
3
development, I think Nora spoke about it the dichotomy between human rights and development.
4
If the disability community doesn't talk about development and have an input into development
5
we need to be able to be at the table to do that, whether that's the post 2015, whether it's PRSPs
6
whether it's developing anti poverty action plans we need to be there. We haven't been to date
7
there has been efforts but there needs now in terms of capacity building, holding States
8
accountable for human rights, we also need to look at the models of development and have our
9
say and have our commentary about political economies and learn from other groups, that we
10
can't just keep in our own specific disability rights aspect.
11
12
Then lastly, I think two things. First of all we have to realise development aid is hugely
13
political. Hugely political. There is -- I just don't think we can be naive about that, we have to
14
realise it's hugely political and disability advocates and people working in that area need top
15
understand that and need to understand how to navigate the political aspects of it, because aid is
16
political. So we really need to start thinking about it and I don't think we have been thinking
17
about it to date in respect of that.
18
19
At this think lastly, we are all here talking about the negative side effect, the future will be
20
bright, I hope, I think one of the things is again the criticism around mainstreaming is diversity,
21
if the disability community and disability advocates are not framing disability within an
22
inequality human rights perspective, we'll be left out from the negotiations and we'll be left out
23
from discussions. So we have to learn to talk about our issues in a much wider framework,
24
because that is where the trends are going now, the trends are going towards the wider
25
overarching issues of inequality, you will see that through all the consultations that have
26
happened around post 2015. If we are not bringing ourselves into that, that's a real role Article
27
32 can do in terms of international co-operation is looking at how to position disability within
28
that broader policy discussion and not just becoming an article which is about proving how aid is
29
spend around disability that's a narrow approach.
30
31
That's just my take on Article 32. I'm going to handover to Yen, I don't think anyone has a
32
specific question.
33
YEN VO: I have been here several days and I have learned a lot from the presentations and the
34
sharing of the speakers and I see our situations on the presentation, especially the presentations
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of Elizabeth and sharing from participants from Mozambique and also I remember from the first
2
day we said that the Convention needs a powerful tool.
3
4
But it, itself does not bring about change. We do. And how can people with disability
5
participate in the whole process. Especially people with disability from the -- it is I want to
6
share with you the, some information about disability in Vietnam and our work in Vietnam and
7
also the importance of international co-operation to the effort.
8
9
So as I said in Vietnam we have now around 13 million people with disabilities and 40% cannot
10
know how to read and write. And only 17% graduated from high school and less than 0.1% can
11
go to college or university. Only 30% can have some jobs the others have to rely on their
12
family’s members or some religious organisations for income.
13
14
Also in Vietnam we recently have law based on some concern for the Convention. But you see
15
-- we see that most of the government agencies and also our development projects, they are still
16
based on the charity model, not medical model but still charity model. And we have -- we have
17
a national coordinating couple on disabilities, but it's very quick, because it is under the
18
department within the Ministry of social affairs, so they are not in a strong position to coordinate
19
all the different Ministries and organisations on disability in is Vietnam.
20
21
We also have a disability federation, but similar to Chinese federation shared by Victoria Lee
22
earlier, it's not a real representative of people with disabilities in our country. And based on that
23
I started my organisation 7 years ago and our mandate is to raise awareness on disability issues
24
in Vietnam, not only for the public members but also people with disabilities themselves so they
25
can realise their value, capacity and ability, and also we try to provide all the information related
26
to law or policy related to disability so they can know their rights.
27
28
But knowing rights are not enough. So we have another role to help them to build capacity so
29
they can be strong leaders or something to realise their rights.
30
31
We focus on two directions. We help people with disabilities to empower themselves and we
32
use successful cases to use the media advocacy, we cooperate with the media so we can convey
33
our message to the public members and to the media, we convey our message to the government.
34
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After 7 years my organisation is considered as the leading organisation in Vietnam on disability
2
field and we are considered the founder of disability field in Vietnam.
3
4
To fulfil this objective and have this achievement we could not do that without funding from
5
different international organisations. Like for the start of my organisation we got a grant from
6
Four Foundation and after four years we can say that the best grantee that Four Foundation ever
7
had in Vietnam. After that we get another funding for our pilot project on independent living, so
8
that we could help people with severe disabilities and promote independent living services in
9
Vietnam. And also we get the funding for Irish Aid for our inclusive employment projects.
10
11
Also another small grant from AusAid for some training to are parent of autism and
12
developments for disabilities and another grant for Atlantic Philanthropies so that we can recruit
13
potential leaders to help them become strong leader of the future.
14
15
So we have not ratified the Convention but our organisation's efforts in preparing the future
16
leaders for the implementation of the Convention later.
17
18
I have to say that the capacity that many speakers mentioned is very important in Vietnam and
19
for people with disabilities in Vietnam. So I appreciate all the opportunity, like this, so that I can
20
learn from the experience and I can increase my knowledge on the disability field, and also the
21
scholarship from AusAid and Irish Aid that gave the opportunity for the youth with disabilities
22
in my country so they can be future experts on disabilities.
23
24
And that's all I want to share. But I have the clips here, I want to share with you so that you can
25
see all the challenges faced by people with disabilities in my country and also what we are doing
26
in Vietnam. So can you please -- we'll have some captions so I think here we have some
27
participants with visual impairment so if the person next to the participant can you please read
28
the captions for them. Thank you.
29
30
"Neither the polio that struck her or obstacles growing up with a disability in Vietnam could
31
keep her down, unlike most people with disabilities Yen finished school, got a masters degree
32
abroad and when she was told she was still not fit for work she set out on her own path.
33
34
I think with my head not with my legs she cried. Since that day Yen has been the forefront of
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the human rights movement for people with disabilities in Vietnam. Providing social services
2
for people with disabilities is not a gift, it's their right, it's the law.
3
4
In 2005 Yen opened DRD centre for disability research and development. But she had very
5
different idea about people with disabilities than other associations.
6
7
Today DRD has over 500 beneficiaries and welcomes new people all the time. We provide a
8
scholarship and also independent living service for people with severe disabilities in our project
9
and also...
10
11
The most difficult thing for people with disabilities is getting around. Very few places or means
12
transport are accessible so members of DRD are redesigning the city the way they see fit. So we
13
organised the accessible campaign in Ho Chi Min city.
14
15
Before leaving each participant puts his or her idea of a better life on the dream tree.
16
17
This is the result, the campaign, this dream of an accessible city, accessible for all society. And
18
also we say that life is beautiful, that is something that as the Professor mentioned from the first
19
day, that very easy that people with disabilities take views by the media as being helpless, so
20
that's why we call it life is beautiful and they come to us and they can see people with disabilities
21
can have joy, they can enjoy life and they can laugh and share their experience with others.
22
23
And we have a clubhouse here where we have people with disability to come to work with us
24
and the network and NGOs on children and women and also famous actors and actresses and
25
singers will come to our clubhouse to share with people with disabilities."
26
27
Right now we're considered a strong advocate on disabilities and when the media want input for
28
some disability related project they come to my organisation, to ask for our opinion on that and I
29
can say that we can not achieve this without the international funding, because we get nothing
30
from the government. And what is also creating sustainability, right now we have successfully
31
established a network of more than 35 disabled people's organisations in the south of Vietnam, a
32
kind of new voice of people with disabilities. But we have to risk to sustain the activities of
33
these network because organisations close their offers in Vietnam and they are the main funders
34
and now we do not have funding for these networks. And also the other projects -- Vietnam now
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announced that we'll -- the government is not ready to support the local NGOs like my
2
organisation. And also the people in Vietnam they still have incredible charity to help people,
3
it's not like social responsibility who consider the organisation like my organisation as being the
4
partner to their community project, so we face this to sustain our activities. And thank you for
5
listening.
6
CHAIR: We'll take five minutes if anybody has any questions for Yen, I think she's shown us
7
what it is in practice and the different difficulties and successes that can happen from good donor
8
aid and it can actually be used positively. Has anybody any questions for Yen.
9
SPEAKER: I don't have a question, but I have a comment, I was really moved by the
10
documentary. A thought came to my mind I also teach international economic law, I would like
11
to hear if there are efforts on of the part of IMF to link with the issues involved we are talking
12
about living with disability, there cannot be a more thoughtful organisation than world bank
13
initiative, because as Janet was saying disability community must raise it's voice, but in the
14
developing countries disability community has hardly any voice, so what these organisations can
15
do? What are they doing?
16
YEN VO: Even as my organisation is considered the leading organisation, it's not easy for us to
17
participate in the government workshop on disabilities, so always under the influence of the
18
international organisations, we are invited as a speaker. So without it that influence is not easy
19
for us to join in government workshops to raise our voice. So that's why we always approach the
20
international donors and we express our need that he if they provide international assistance or
21
add to our country, they should inform some provision to require them to make the environment
22
more accessible.
23
24
Like recently in Ho Chi Min city we got the funding for our metro and we expressed our wish
25
for a more accessible system in the city.
26
27
Also on the funding like this opportunity, based on the funding, we can enjoy the international
28
funding.
29
CHAIR: I think Prof Groce would like to respond.
30
PROF GROCE: The question, like the IMF and World Bank, like lots of these things, the things
31
go up and down IMF is not much historically on disability at least in living memory, they haven't
32
done much. The World Bank is a bit different, it was very active about 10 years ago when Judy
33
Uehman was head of the bank, she was a leading American disability activist, and started to get
34
a lot of traction and had a couple of very big meetings, and she brought in people like the head of
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the World Bank to speak on disability issues. And then for various reasons after she left the
2
bank it came much quieter. But what she was trying to do and what has yet to be done is to take
3
the small programmes they have within the disability component of the bank and put them into
4
the mainstream World Bank projects, which has not been done.
5
6
And hopefully they will do more in future, but it was, it's been kind of unfortunate in the past
7
few years that there respect hasn't been much of a disability beyond a small amount of work
8
being done specifically under the headline of disability within the bank, so what's really needed
9
is to mainstream all of that attention into major bank programmes and policies, the Africa
10
division, the Asia division, they are really big projects that need to be consistently disability
11
inclusive and thus far they just haven't been.
12
13
This is something where a dialogue from the disability community, people who are really at the
14
heart of the bank, that should be going on now.
15
SPEAKER: I also would like to hear WTO, World Trade Organisation if anything is going on?
16
PROF GROCE: No I think dead in the water comes to mind, I have never heard anything out of
17
the WTO, there might be something but I myself have not heard anything from the WTO.
18
CHAIR: Okay we have two people and then we are taking the coffee break so over here.
19
SPEAKER: Just to say to Nora that I really enjoyed your presentation because I think that you
20
drew in so many of the very real complexities in terms of international development, especially
21
where we have bilaterals with governments that are not very good at sharing with civil society.
22
23
And then Sanjay if I can respond to that, both the IMF and the World Bank in terms of their aid
24
conditionality structures, there certainly is room to build disability inclusion into that aid
25
conditionality the way that it works. But my understanding is that there is generally a broader
26
debate about how human rights should feature in aid conditionality at both those institutions and
27
obviously disability is also implicated in that broader debate, that's my understanding around it.
28
PROF GROCE: I agree with what you said I think it's important to note this is not exactly new.
29
They have put gender in previously and while gender is not a one-to-one correlation with
30
disability it's close enough so that if the World Bank, it wouldn't think of putting in all
31
programme naught without dealing with gender, they certainly could 20 years ago it was easy
32
now they wouldn't do it. And that may be a goal that we should be having as well.
33
CHAIR: Okay thank you everyone. I'd like to thank our speakers, Janet, Yen and Nora, we'll
34
have the coffee now before the last session.
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2
Coffee Break
3
4
CHAIR: We'll make a start back, I'll just introduce the final speaker this is a colleague of mine
5
fellow PhD student Charles O'Mahony, he joined the school of law in September 2012 as a
6
lecturer in public law, before that he worked in Amnesty International as legal officer on mental
7
health campaigns and also completing a PhD focusing on mental health problems in contact with
8
criminal justice systems, so I'll handover to Charles. He is primed to finish for five or a little
9
after and we'll take questions and answers.
10
MR O'MAHONY: Thanks. I have lots of deficits in terms of being a speaker, one is I speak too
11
fast. And the stenographer told me if I speak too fast she'll violate my right to be free from
12
inhuman treatment and punishment! So please, if I speak too fast let me know, throw something
13
at me, I'll appreciate it!
14
15
So this is the overview of the presentation, the structure of the presentation, really what I'm
16
looking at is the source of international human right law that are relevant in relation to
17
prohibiting torture or inhumane, degrading treatment or punishment, so looking at the source of
18
law around that and looking at the architecture for the investigation and also the prevention of
19
torture.
20
21
There is a number of specialised bodies that have a mandate in that regard I'll talk through those
22
briefly at the start and then looking at the challenges for those bodies that have that role in
23
preventing torture or inhuman and degrading treatment or punishment and then look at, beyond
24
the challenges and looking at the case study I was asked to do the European context, the Council
25
of Europe, in particular the European Court of Human Rights and how they have interpreted
26
Article 3 in cases taken by persons with disabilities alleging violation of rights under Article 3
27
which is the right to be free from torture or inhuman and degrading treatment or punishment.
28
29
So these are the sources of law and there is actually quite a lot of them, one of the things that's
30
very clear is that the whole notion of human dignity comes through all of these and actually there
31
is a really interesting article written by a Professor in Colombia, Prof Samuel Moyne, and he
32
talked about the origins of the concept of human dignity or individual dignity and he traces that
33
back to 1937 Irish constitution in a paper he entitled "Did the Irish Save Civilisation? The Secret
34
History of Constitutional Dignity" and he suggests that the inclusion in the preamble of the Irish
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constitution of the notion of human dignity is our gift to the world.
2
3
But that whole concept of human dignity is very much a core part, underlying theme of the
4
rhetoric of rights in this area.
5
6
Article 7 of the international covenant on civil and political rights provides that no-one shall be
7
subjected to torture or to cruel, inhuman or degrading treatment or punishment, in particular
8
no-one shall be subjected without his free concept to medical or scientific experimentation.
9
10
And the prohibition on ill treatment and torture is one of the most developed areas within the
11
jurisprudence of the UN human rights committee, it's important to note there isn't something that
12
you can opt in or opt out of. There is no progressive realisation, it's never okay to torture.
13
14
The prohibition on torture is a rule of general international law and has been broadly accepted as
15
one of the legal terms "jus cogence" and that's a rule or principle in international law that is so
16
fundamental that it binds all States.
17
18
So the approach of human rights committee in relation to torture and inhuman and degrading
19
treatment or punishment is they don't separate out the two and there is a different story when we
20
look at the European Court of Human Rights, to their approach to that. They haven't demarcated
21
between those two in their jurisprudence and if you look actually at article 7 of the international
22
covenant on civil and political rights, what you will see is that it's very much linked to article
23
10.1 as well.
24
25
I will have a paper to make available to you after the presentation where it discusses that.
26
27
What's important in terms of the UN Disability Convention is Article 15, so there is actually
28
explicit provision for freedom from torture or cruel, inhuman or degrading treatment within the
29
UN Disability Convention and that's provided for. And even though we have, there is lots of
30
different sources of international human rights law, the ones I referred to and many others, which
31
expressedly acknowledge the right to be free from torture or inhuman degrading treatment and
32
punishment, despite that, there was a failure within that mainstream human rights practice as
33
Janet Lord said to account for violence and if you're look fog are a really good article that
34
discusses the origins of Article 15 of the UN Disability Convention Janet's article is the article to
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read, it's a great article.
2
3
If you look at discourse around Article 15 what you will see is that it's sparse in terms of adding
4
anything new or fleshing out the whole issue of freedom from torture or cruel inhuman and
5
degrading treatment as it applies to persons with disabilities, but I suppose what it does add is
6
quite significant, and what it adds is actually that that whole paradigm shift in thinking in terms
7
of the guiding principles in Article 3 of the Convention, that they are very much brought to bear
8
in this area, so particularly in institutional settings, that you have to have regard to those
9
principles about independence, recognition of caps fee, those things are really important and
10
that's really what the CRPD adds to this area, even though reading the actual text here you
11
wouldn't think it adds very much really in terms of what it says in the text of it.
12
13
If you read through the drafting of this of Article 15, you will see it was quite contentious at the
14
drafting stage in terms of the whole issue of forced treatment of people with mental health
15
problems. And that's really interesting you can read about that in Janet's article.
16
17
What I should say as well is that Article 15 is very much related to other articles, so Article 12
18
which we've heard a lot about this week, also Article 14, liberty rights, particularly in the context
19
of people who are detained because they are consider to pose a risk to themselves or others on
20
the base of mental health problem. And the Office of the High Commissioner for Human Rights
21
in 2009 made a number of really challenging statements in relation to what Article 12 means.
22
23
One of the things that they said was that Article 12 requires the abolition of the insanity defence
24
and other similar defences in domestic law, that's a challenging statement, that State parties
25
wouldn't necessarily have thought signing up to the Convention, that they would have had to get
26
rid of something like the insanity defence, so it's controversial.
27
28
Similarly the interpretation of office high Commissioner for Human Rights and subsequently the
29
CRPD committee that Article 14 requires abolition of mental health law as we know them is
30
controversial so that's a point to bear in mind as well so while Article 15 is very much connected
31
to these things there are difficulties in expanding out the right.
32
33
In terms of a mandate in respect of torture, inhuman and degrading treatment there is actually
34
quite a lot in terms of different actors that are relevant here, the committee on the rights of
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persons with disabilities clearly have a mandate in relation to this area, particularly now that the
2
committee has been set up and countries have ratified not only the Convention, but also the
3
optional protocol and that there is scope for people who are, persons with disabilities in
4
institutions or elsewhere who have their right to be free from torture or inhuman and degrading
5
treatment or punishment has been violated they can take an individual complaint to the CRPD
6
committee that's important to bear in mind.
7
8
What also is important to bear in mind is that you have the Convention against torture and you
9
have the committee, UN committee on Convention of torture have an important role, they are a
10
body of independent experts who look at how State parties implement the Convention against
11
torture and they have a number of ways of working, through the normal way like a CRPD
12
committee and they have a series, a reporting system where State parties report and then the
13
committee responds to that, periodically, the concluding observations, that's quite an important
14
forum if there are violations of the rights of persons with disabilities in terms, coming from the
15
scope of that Convention, that's important to bear in mind as well.
16
17
There is also the optional protocol to the CAT Convention, that's very important as well. And
18
that created the subcommittee on the prevention of torture and that Convention that optional
19
protocol came into force in 2006 and this is a really important thing in terms of engaging with it,
20
because the subcommittee on the prevention of torture has a mandate to visit places where
21
persons are detained, including persons with disabilities, at the national level and they have a
22
role in relation to preventing torture and that applies to the institutional settings where persons
23
are disabilities are often detained.
24
25
There also is a requirement under the optional protocol at the national level to create independent
26
national prevention mechanisms so for example in Ireland our national mechanisms would be to
27
approve centres under the mental health legislation, the Mental Health Commission has an
28
inspectorate, the team go and inspect on a periodic and ongoing places, places of detention in
29
accordance with the Mental Health Act.
30
31
I'm going too fast! In Ireland we have deficits as well so we don't have any inspection and we
32
have no mandatory inspection of residential services for persons with intellectual disabilities for
33
example and the Health Information and Quality Authority which was set up to investigate
34
nursing homes much in the same way as the Care and Quality Commission in England and
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Wales, they don't have a mandate in relation to residential services for persons with intellectual
2
disabilities because the government haven't provided money to ensure that the standards that
3
have been come up with HIQA have been implemented so we are clearly fall foul of that have
4
but apparently the money will be made available in Ireland so the national preventative
5
mechanism will kick in.
6
7
Then you also have the UN special rapporteur on torture, this is actually a really valuable
8
mechanism in the international architecture in preventing torture or inhuman degrading treatment
9
and abuse, the special rapporteur isn't as constricted at the committee under CAT because the
10
special rapporteur can act in circumstances where there is an allegation of torture or inhuman
11
degrading treatment or punishment, even where a country hasn't ratified the CAT Convention, so
12
there is a number of ways of operating.
13
14
Actually it's been really interesting to see the last two special rapporteurs in terms of taking
15
mainstream, within their work, looking at the rights of persons with disabilities and the link
16
between reasonable accommodation and ill treatment was recognised in 2008 by the previous
17
special rapporteur who was at that time Manfred Novak who actually observed that the lack of
18
reasonable accommodation in detention facilities may increase the risk of exposure to violence,
19
neglect and I will treatment. There was much equipment the later rapporteur produced a report
20
that's really heralded or warmly welcomed by a lot of DPOs and non-government organisations
21
in terms of his statements in relation to the CRPD and mainstreaming that discourse in his own
22
work.
23
24
He said laws cannot provide doctors with a power to forcibly administer treatment, importantly
25
he also said that restraint and is he collusion should be immediately prohibits and that includes
26
restraint and seclusion in mental and psychiatric hospitals and. So very significant statements
27
from the special rapporteur, who really has taken up the mantle in light of UNCRPD.
28
29
That actually changed in terms of the strong statements coming from DPOs, organisations like
30
MDAC engaging with the special rapporteur in terms of making these types of statements.
31
32
Then we have the European system, which is what I'm really going to focus on for the purpose of
33
this presentation. And you have the Council of Europe, are you all familiar with the Council of
34
Europe? You have all heard of the Council of Europe? It's 47 Member States and the European
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Court of Human Rights is based within the Council of Europe. And that's very important so you
2
have the European Convention of Human Rights which came out of World War II, those human
3
rights abuses and really important in terms of protecting civil and political rights more so than
4
economic, social and cultural rights, it's very much based on civil and political rights.
5
6
Then you also have this really important Convention on the prohibition of torture, that's really
7
important. That came out in the 80s that Convention and commenced in the late 80s and
8
provides for this committee, the European committee on prevention of torture and they travel
9
throughout Europe inspecting any place of detention. So places like prisons, police cells, but
10
also psychiatric institutions and social care homes. So it's a really useful mechanism for
11
investigating allegations of exploitation and abuse or torture, torture in particular, the mandate is
12
torture. And really the purpose is to compliment the work of the European Court of Human
13
Rights in relation to Article 3, that's really important.
14
15
So as of last Monday the European committee on prevention of torture made 342 State visits,
16
205 were periodic visits and the rest were ad hoc, so not really announced. And the way it works
17
is actually a good way of ensuring if there are any problems or issues that States live up to their
18
obligations under international human rights law. The way it works is that if the State consents
19
and they generally more often than not agree, the report that's issued by the committee on the
20
prevention of torture is published and the response of the government to the report is published
21
so it's a valuable mechanism for looking behind the walls of institutions, including psychiatric
22
hospitals and social care centres throughout Europe.
23
24
MDAC in 2012 they had a seminar with the committee for prevention of torture and really the
25
purpose of that was that in 2012 what, 2011-12 what the committee on prevention of torture
26
were doing were was they were updating the standards and the interesting thing is that the
27
committee on prevention of torture, don't actually publish, they have very detailed standards but
28
don't actually publish them, which is quite extraordinary if you think about it.
29
30
They publish an abridged shorter version on the website and MDAC saw this as an opportunity
31
to try and influence the way in which the committee did its work. And they were trying to
32
embed within their new revised standards a lot of those principles that are contained in the UN
33
Convention on rights of persons with disabilities. So MDAC had a seminar and asked a number
34
of people to come and present papers, Gerard wasn't able to go so I went, I wrote a paper on the
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need to embed the right to legal capacity and Article 19 of this the CRPD within their standards.
2
3
And there were a number of other papers written Anna Lawson on the need for reasonable
4
accommodation in institutional settings.
5
6
So what was interesting was that version published on the website did have some tacit vague at
7
the end of it reference to the move to the community, they didn't go as far as MDAC were asking
8
to really embed in the CRPD within their standards for users of services.
9
10
What's interesting if you look at the commentary around the CRPD is that there are a number of
11
commentators saying look the CRPD requires the committee on the prevention of torture to be
12
more robust in terms of looking at psychiatric hospitals and they should develop standards, they
13
should develop standards in relation to that, so the committee on the prevention of torture for
14
example should have similar standards like for example the UN minimum standards rules in
15
relation to prisoners. So specific standards about what an institution should be, size of rooms
16
and that sort of thing.
17
18
I think that, we need to be cautious about that, because if you actually are requiring standards for
19
institutions you are giving mixed messages to bodies like the committee on prevention of torture.
20
It legitimises institutionalisation, which is questionable and at odds with the philosophy and
21
rights in the UN Convention.
22
23
Dragana yesterday referred to that, in terms of know unintended consequences from the
24
committee's report to Serbia and we need to be cautious in relation to that.
25
26
And I think if you look at the work of a lot of these bodies the SBT, the body under the optional
27
protocol, I think there is a disconnection in terms of the standards with the philosophy and the
28
UN Disability Convention. There is a real need I this that I those inspection standards engage
29
with the Convention, that's very important. I this I that connection in terms of what happens
30
when people are stripped of their legal capacity, what happens in those set of circumstances
31
hasn't really been met in those standards because actually the loss of legal capacity brings you
32
into these institutions all settings and if you look at the report from 2011 you will see clearly
33
persons in institutions are more vulnerable to sexual violence and to inhuman and degrading
34
treatment and torture, so that's important that those standards that the committee on prevention of
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torture, that they embed the general principles and also the right to live in the community within
2
their standards.
3
4
So what I'll do now is talk about some of the cases that have come before the European Court of
5
Human Rights. I'm not saying that Europe is really great when it comes to torture or inhuman
6
and degrading treatment in terms of prohibiting it actually Europe has a sordid history in relation
7
to torture.
8
9
In 1215 Pope innocent the 3rd he was the Pope, a really influential Pope, if you look up here, he
10
had an action figure for Pope innocent the 3rd he was a really important Pope. And what he did
11
was he abolished trial by ordeal, does anybody know what trial by ordeal is?
12
13
Basically it means where there is, somebody is accused I accuse Gerard of stealing my cattle but
14
he did it at nighttime so nobody could see him do it. We need to resolve that because it's going
15
to be a feud, and basically Gerard is arrested and Gerard is asked to put his hand in a pot of
16
water, this all happened in Europe up to the 12th century and God would intercede on Gerard's
17
behalf, he wouldn't scald his hand if he hadn't stole my cattle.
18
19
So this happened up until the 12th century and Pope Innocent the 3rd decided this was unlawful,
20
because God was supposed to intercede on Gerard's behalf to prove his innocence. At the fourth
21
Lateran Council in 1215 what happened was trial by ordeal and trial by battle went by the
22
wayside and you had something, you needed to replace it. In England you had trial by jury, that
23
was introduced and in Europe we had judicially administered torture, that was the way of
24
resolving the disputes from the 12th century onwards in mainland Europe. So you tortured
25
people, but actually it was quite sophisticated, there were safeguards in relation to it, you
26
corroborated the evidence, you made sure what people confessed to corresponded with facts.
27
28
So we have actually a sordid history in Europe in relation to torture, it's very much part of the
29
legal system and developed the rules of evidence still in place. But that is no longer the case and
30
Article 3 of the European Convention on Human Rights provides a prohibition on torture so
31
no-one shall be subject to torture or to inhuman or degrading treatment or punishment, that's
32
what Article 3 says. There is actually a really rich jurisprudence case law from the European
33
Court of Human Rights in relation to this.
34
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What's really interesting about the European Court of Human Rights case law is that they have
2
demarcated the parameters of torture and inhuman or degrading treatment or punishment. So in
3
the case law they have taken a different aye approach to the human rights commission in relation
4
to how they interpret this prohibition on torture. And this is illustrated by the case of Ireland
5
versus the UK.
6
7
And this is a really interesting case, it's a case coming out of the Northern Ireland when
8
internment without trial was introduced and basically what happened was that there was
9
terrorism and there was a need to respond to terrorism and in the UK how they responded to that
10
was internment without trial.
11
12
So that was deprivation of liberty without any procedural safeguards and they introduced a very
13
questionable interrogation technique, they were called the five techniques, involving
14
disorientation, hooding suspects, sucks to noise, deprivation of sleep and deprivation of food and
15
drink.
16
17
And this is the first case that one State took another State before an international human rights
18
tribunal and Ireland took the UK before the European court of human rights, the European
19
Commission as it was called then. Alleging that there had been a violation of a number of rights
20
under the UN Convention including Article 3.
21
22
Quite controversially in terms of the judgment the European Court of Human Rights said well
23
look actually these five techniques don't quite amount to torture, but what they do amount to is
24
inhuman degrading treatment and punishment, so that demarcation was brought.
25
26
So the important point here is that really whether or not there is a violation of the Convention,
27
Article 3 of the European Convention, it really is a question of severity of the treatment suffered
28
by the person. And that is very important in relation to persons with disabilities. Because
29
clearly a person with a disability might be at a greater disadvantage than a non-disabled person.
30
31
If you look at the case law then, I think the core point to look at is that the courts really haven't
32
teased out sufficiently the impact of a failure to provide reasonable accommodation to persons
33
with disabilities. That's really important. And they haven't really come to terms with what the
34
UN Convention on the rights of persons with disability says in terms of failure to provide
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reasonable accommodation will amount to discrimination in and of itself, so a failure to provide
2
reasonable accommodation will be a violation in and of itself.
3
4
We have this case here of Stanev versus Bulgaria a very important case it was referred to a
5
couple of times throughout the course of the summer school. It was a case involved a man under
6
guardianship in Bulgaria, deprived of legal capacity and there were issues in relation to his right
7
to liberty and relation to fair procedures under Article 6 but also there were issues around Article
8
3 which is the right to be free from torture and inhuman degrading treatment and punishment.
9
10
And this is a quote from the facts of the case that was in the judgment it say it appears that the
11
food was insufficient and of poor quality. The building was inadequately heated and in winter
12
the applicant had to sleep in his coat. He was able to have a shower once a week in an
13
unhygienic and dilapidated bathroom. The toilets were in a bad state and access to them was
14
dangerous. In addition the home did not return clothes to the same people after they were
15
washed, which was likely to arouse a feeling of inferiority in the resident.
16
17
So actually under this set of circumstances, under the particular circumstances in which
18
Mr Stanev was detained the European Court of Human Rights said actually in terms of the
19
threshold in terms of the level of suffering he experienced it met that threshold not amounting to
20
torture but violation of the prohibition of inhuman and degrading treatment. That's an important
21
judgment.
22
23
But this case was decided last year, 2012 but the important thing to bear in mind is this care
24
home in which Mr Stanev was detained actually had a CPT visit back in 2003 so the European
25
committee for the prevention of torture had visited that care home back in 2003, so this was the
26
bed you had, this is the bed Mr Stanev would have had to sleep in and put his coat over it to
27
sleep there. This building was from the 1920s, it housed in the 1920s, the construction workers
28
in a hydro electric plant, it was in a very remote area and hard to get to when it froze over, that
29
was all detailed in the CPT visit.
30
31
What the committee on prevention of torture said this is not fit for purpose, you should close it
32
down and build a new institution with better facilities and the point I am making is, this was
33
decided, this report was decided before the UN disability convention was concluded in New
34
York, but actually the correct approach for the committee on prevention of torture I would argue
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would be they should say under Article 19, you can't have institutional settings, you have to
2
move towards community settings and that it isn't a case of shutting down an institution and
3
creating a nicer one, which would be a horrible one in time, but you should, the standards should
4
clearly say that you have to support people to live in the community and you have to recognise
5
their legal capacity, that would be really important.
6
7
And actually then there might have been no need for Mr Stanev to take the case if he was
8
respected in this way.
9
10
There are a number of other cases decided by the European Court of Human Rights that are quite
11
important. Price versus the UK is a very interesting case I'm not sure if you are familiar where
12
it. This was a case that involved a woman who was committed to prison for contempt of court, it
13
wasn't a criminal matter, it was actually a debt matter she wasn't cooperating and she was sent to
14
jail.
15
16
It was late in the evening and she was sent it a prison cell and she couldn't get into the bed
17
because it was too high up off the ground and this lady had no limbs, so she got cold very
18
quickly and she needed to get into bed to get a good night sleep and she didn't have a blanket and
19
she kept complaining of the cold and she wasn't able to use the facilities in the prison cell.
20
21
So a document came and gave her a blanket and the following day she was transfer to a prison
22
the environment was better in terms of wider doors but she wasn't able to use the bathroom, this
23
was contested by the State, but she had to get assistance by male prison officers to help her use
24
the toilet which she found very degrading and she suffered, the bed again, she wasn't able to get
25
into the bed because it was too high even though the cell was supposedly accessible.
26
27
She took the case to the European Court of Human Rights alleging violation under Article 3 and
28
the court said actually yes you your rights were violated they said we don't believe there was any
29
deliberate attempt to actually inflict this humiliation upon you but they did the say that the way
30
in which things worked out, the way in which the environment wasn't accessible amount to a
31
violation of your rights.
32
33
There are a number of other cases that are really important here as well, Jasinskis versus Latvia
34
was an important case. That considered failure to making adjustments to a detainee with a
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sensory disability. This guy was deaf and his father took the case because he died what
2
happened was he was unable to speak, he was deaf. He sustained a head injury and there was an
3
altercation and he was arrested, the police were aware he had a head injury, but they sent away
4
the ambulance and took him into custody and the only way he could communicate was with a
5
pen and paper. And they took the pen and paper, confiscated it, he wasn't able to communicate
6
with the police officers and he died a number of days later.
7
8
And considering those circumstances the court found there had been a violation of article 2 of
9
the right to life. What the European Court of Human Rights said the authorities decided to place
10
and detain a person with digs they should demonstrate special care and attention as core spend
11
for someone with those needs -- so they are not articulating it in a right to reasonable
12
accommodation but it effectively is in terms of Article 14 on the commission of human rights in
13
conjunction with other articles, it is discrimination.
14
15
Another case here, Keenan versus the UK this is a tragic case, one aspect was rights under
16
Article 3 and you had a guy who had a mental health problem who in terms of being punished
17
for a failure to comply with prison staff was placed in solitary confinement and under those set
18
of circumstances the European Court of Human Rights ruled this amount to a violation of Article
19
3 of the ECHR.
20
21
There is another case here that I like to mention Mouisel versus France from about ten years ago
22
but it actually is a case that involved a prisoner who was diagnosed with leukaemia, he had to go
23
from the prison to a treatment facility for chemotherapy on a regular basis, he kept going but the
24
protocol dictated that he was chained at all stages in terms, in line with protocol.
25
26
The question facing the court whether this actually treatment amount to a violation of Article 3,
27
the ECHR said yes it does amount to a violation of Article 3.
28
29
Similar issues arose in this case of Farbtuhs versus Latvia, this case was a man who was 84 years
30
of age, convicted of serious criminal offence and he was sentenced and began his prison
31
sentence, but he was described in the evidence, if you read the judgment of the court he was
32
described as being virtually paralysed and he had a number of other health issues, so during the
33
daytime when there was health officials he was being dealt with in the health services within the
34
prison. And what happened was that he was very reliant on the people working in health
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services to meet his care and health needs.
2
3
But once those people weren't working he depended on the kindness of fellow inmates to provide
4
care to him. And the question before the court was whether this amounted to a violation of
5
Article 3 and the European Court of Human Rights said yes this does amount to a violation of
6
the man's rights under Article 3.
7
8
So what do these cases tell us? I suppose that's the question we're trying to answer. And I think
9
what it tells me from reading them is that the impact, there is an impact, quite a clear impact
10
when we fail to reasonably accommodate a person in the institutional setting, and that the built
11
environment and policies and procedures can have a disproportionate impact on persons with
12
disabilities and that it's really essential there is flexibility in adapting practices and policies and
13
procedures to the particular circumstances of the persons involved.
14
15
And in line with Article 8 of CRPD there is a real need or awareness raising and training of
16
prison staff and that information has to be provided in an accessible format regarding
17
complaints, so information has to be provided in an accessible way.
18
19
And what those cases also tell us, there are certain circumstances where people are being
20
detained, particularly in prison settings where the nature of their disability, the impact of
21
imprisonment and deprivation of liberty will mean that they will need to be released from prison
22
and that really will have to be decided?
23
24
What I would say also is that reading those cases it's very clear and very often we try to be
25
optimistic when we read cases coming out of the European Court of Human Rights over the last
26
number of years, where they have referred to the UN Convention on the Rights of Persons with
27
Disabilities in particular the Glor case was very positive in terms of what the European Court of
28
Human Rights said in terms of evolving the understanding of disability.
29
30
But I think that hasn't really translated in the cases, Camilla talked about that yesterday in
31
relation to the Stanev case and in relation to Article 8 and that hasn't happened. And it's very
32
clear as well that the thinking around legal capacity hasn't happened and what behoves us in
33
terms of any litigation that's coming before the courts, to continue to make those arguments
34
around UN Disability Convention and develop the rights like Article 3 in line with general
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principles outlined in the CRPD.
2
3
So I'll conclude then and have time for questions and answers.
4
5
The thing to bear in mind is that there is a wealth of international human rights law deal with the
6
right to be free from torture and inhuman, degrading treatment and punishment. In addition
7
there is a number of monitoring bodies at national, regional and international level that have a
8
mandate in investigating and prevent torture and inhuman degrading treatment and punishment.
9
10
Even though we have this developed framework there really is an opportunity to embed the
11
principles within the CRPD where in that. I think that would be very beneficial in terms of
12
developing the jurisprudence but also in terms of the monitoring bodies, that we all engage with
13
them and try to get them to re orientate their standards in respect of facilities.
14
15
What's important as well is where you don't have disability specific committees, so for example
16
if you look at the subcommittee on the prevention of torture under CAT you'll see the vast
17
majority of place that is they inspect are actually places where they will traditionally have been
18
inspected, so for example prisons, police custody cells, perhaps psychiatric hospitals to a lesser
19
extent and social care homes they don't really go to. So there is a real need to put pressure on
20
bodies like committee for prevention of torture and the subcommittee under CAT to go to
21
psychiatric hospitals and go to social care homes, and what's really important as part of that is
22
that there has to be sufficient expertise on the committee and that's really important. That you
23
have persons with disabilities on the inspection teams because persons with disabilities are going
24
to be more comfortable going to psychiatric hospitals they can push to committee to visit more
25
psychiatric hospitals and social care homes. And in some of the literature coming out,
26
particularly the subcommittee on prevention of torture it's clear they aren't visiting, they are more
27
comfortable visiting prisons and police custody. So that's really important.
28
29
But also that they have the expertise and core philosophy in the Convention about having
30
nothing about us without us that there is sufficient representation of persons with disability
31
within the mainstream framework for investigation and prevention.
32
33
So civil society is really important there, and the connection hasn't been sufficiently or
34
meaningfully teased out in the judgment in the ECHR, so there is a need to actually argue the
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principles within the CRPD and develop the jurisprudence. So I'll stop talking and open up for
2
question, I'm very much aware that there are people with more expertise than I have in the room,
3
that have worked in this area here, thank you.
4
CHAIR: Thank you Charles so okay. We'll start on this side.
5
PROF BICKENBACH: Let me start off, great presentation and fabulous work, no doubt about
6
it, very engaging, I'm engaged. And I'm going to make a comment that sounds a bit adversarial
7
or a bit aggressive but I don't want it to be.
8
9
I'm Jewish and for Jews to call something a holocaust and to call something else a holocaust say
10
killing lots of animals oh it's just a holocaust, is offensive. And the reason, for women to say
11
that oh I had to stand naked in front of all those women I was just raped, is offensive or should
12
be. Because these two words holocaust and rape are at an end of a spectrum, for which in the
13
case of the holocaust there is no comparison, it is as bad as it got, rape I'll leave that to the
14
feminists.
15
16
Torture I think is like that. So there is a problem, which is almost a semantic problem, but also a
17
political problem. And that is torture is torture and it's a horrible thing and no doubt at all that
18
there are instances of it in institutions as you point out.
19
20
Article 15 says, I think it may be a mistake now I think about it, freedom from torture or cruel
21
inhuman or degrading ... if that is read as torture or, then I think there is a problem. Because I
22
think cruel, inhuman degrading treatment or punishment are problems, to be sure. But they are
23
not torture. Or they need not be torture. There are no precisions here.
24
25
So I would just caution us not to, in a sense escalate meaning and to call every inhuman
26
degrading treatment torture, because we need torture, we need the word to specify things, which
27
are torture. And not everybody which is cruel and de meaning, however bad, is torture. Just a
28
comment.
29
MR O'MAHONY: I actually agree with you as well.
30
SPEAKER: Just a reaction here and then a comment as well or question. I can only agree with
31
Jerome and I think for instance that the Europe I am court of human rights is not as lean as far as
32
the definition of torture is concerned. So there are differences in the interpretation which I'm
33
sure you know, sometimes it's criticised by people who want more progress, but indeed then we
34
lose the core and substance aspects of the notion of torture.
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2
But I just want to say and with Camilla, actually the whole problem is institutionalisation. There
3
are other cases now before the European Court of Human Rights, a case where somebody died,
4
was found dead in an institution. There is the Fargas case where somebody -- and the focus is
5
really on Article 3 because the Convention, the European Convention there is quite clear it's,
6
there is a lack of focus on Article 8 and community living, although it is very, very much to what
7
is happening here.
8
MR O'MAHONY: I totally agree, that's why the judgment in Stanev was so disappointing in
9
relation to Article 8, I think the CPT have a big role to play in embedding, being very clear in
10
terms of the need to move away from institutional care and provide services and respect people's
11
capacity and community living.
12
SPEAKER: Thank you very much on your presentation. I think my question is in relation
13
interaction between legal capacity and the criminal justice system. Because it's a heavy and
14
weighty matter so what happens when for example persons with psychosocial disability commit
15
crimes, especially capital offences, then do we proceed in full light of Article 12 and assume
16
criminal responsibility, that's the first one.
17
18
The second is in terms of I know you have done a lot of work around mental health, so what
19
would be your opinion in terms of how effective and useful those mental health rules are or do
20
we legislate on general health law and deal with issues of discrimination maybe on disability law
21
or general discrimination laws in the country?
22
MR O'MAHONY: Your first question around the office of the High Commission of Human
23
Rights said in 2009, in a surprising report the Office of the High Commissioner for Human
24
Rights stated Article 12, recognition of legal capacity, equality before the law, requires State
25
parties to the Convention to abolish the insanity defence or other similar defences in national law
26
and replace them with disability neutral laws.
27
28
That came out of left field, certainly if you read through the drafting history of Article 12 you
29
wouldn't have got that impression in terms of that's what the requirement of Article 12 would be
30
that you have to abolish the insanity defence.
31
32
What really strikes me from that is that there is a lot of silence around it actually. There is a lot
33
of Law Reform processes that I am wear of throughout the common law world, in Northern
34
Ireland, in Ireland here itself, in England and Wales and Scotland and where they are actually
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reviewing the law, indeed also in Australia, New South Wales for example where they are
2
reviewing the law on insanity and those type of defences in criminal law.
107
3
4
And whether it's cursory references to Article 12 or to the UN Disability Convention in general,
5
there is no actual reference to the need to abolish laws so it's actually a very narrow reframing of
6
the doctrine in terms of what it involves.
7
8
So there isn't actually, the statements haven't propelled any Law Reform movement towards
9
abolition, of course there has been abolition of the insanity defence in other places, particularly
10
the US after the Hinckley case, the controversy in the 1970s but that wasn't predicated on the
11
same ideas.
12
13
It's very problematic in that the conclusion of the need to abolish and replace hasn't been teased
14
out or explained why or the rationale behind it. I'm not sure that answers the question, those are
15
some of my thoughts.
16
17
The second part of your question in relation to mental health laws and presumably abolition of
18
mental health laws in light of Article 14, that's really interesting as well. That's something that
19
we would have struggled I worked last year with Amnesty International as their legal officer on
20
the mental health campaign, certainly while very interesting it's very difficult to actually imagine
21
how you can move away from very developed mental health laws which were very much about
22
coercion, voluntary treatment, big issues there, so I think in terms of moving away from that
23
model, I think it will happen over time, it's very challenging and difficult, I think alternatives
24
need to be provided and maybe reassurances and work needs to be done to facilitate the way for
25
that. That's really important.
26
27
The other part of that is the move towards coercion in the community, compulsory treatment in
28
the community and we don't want that situation either where you simply move institutions more
29
so to the community. I'm not sure whether that answers your question.
30
CHAIR: Thanks. I have two questions here on my left and I think one on the right-hand side.
31
So if anybody else is thinking about any burning questions ask them now if not those are the last
32
three questions we'll finish up with.
33
SPEAKER: A quick comment, I was trying to understand Article 3, the dichotomy between
34
torture and inhuman and degrading treatment, I don't know if it's conceptual or it is semantic,
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should we say that it is based on severity? How to distinguish whether a particular thing is
2
torture or it is cruel, inhuman or degrading treatment.
3
MR O'MAHONY: I think it depends on a case to case basis, I certainly share Jerome's concerns
4
on that basis as well.
5
DR QUINN: Thanks very much, sorry for sitting down here it's just when we design lecture
6
theatres for some weird reason they don't have electricity and I have to plug in the laptop.
7
8
Let me push the question my colleague was racing here, it's a bit unfair to push on you, I'm
9
putting it out there, because we are not -- public policy does not allow us to consent to our own
10
torture and it doesn't allow us to consent to degrading and inhuman treatment, but pretty much
11
everybody else we can consent to.
12
13
In a sense health law is premised on the assumption that the interventions of the medical
14
profession are ledge mated, only if that consent is forthcoming, which means our will and
15
preference has to be formed, expressed and communicated, and then the intervention occurs
16
strictly to the limit of what we should consent to.
17
18
But if you look at mental health law, it flips that premise completely over and says regardless of
19
concept, that can be set to one side, and certain interventions are mandated, required or at least
20
permitted by the law.
21
22
Now you could, one could entertain the proposition that number one, that contradiction condition
23
continue. Either one premise or the other holds true. I would certainly argue that the normal
24
health law premise holds true. For example if you have somebody on heart medication, who
25
refuses to take the medication or neglects to do so, there could be a danger to themselves and to
26
others, yet we do not force them to take their heart medication.
27
28
So I guess my question to put out there is number one, if we do see a harmonisation in terms of
29
underlying premise is does mental health law have a future at all? Ought it to exist? And
30
putting it even more poignantly is the very existence of mental health law itself in jeopardy?
31
MR O'MAHONY: Thanks Gerard for that. It's a really difficult question and there is no -- I
32
can't give you an answer. But they are huge issues and they challenge us. If you think actually
33
about the conflicts of law -- if you think about the way in which the European court of human
34
rights have built up a really, some would say progressive body of case law, providing procedural
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safeguards around people that are deprived of their liberty on the basis that they pose a risk to
2
themselves or to others.
3
4
The case law that has been build up in terms of you have to have a true mental disorder of a
5
degree warranting detention and that there is other procedural safeguard around that, that there is
6
a review and that the mental health problem has to continue on into the future to merit
7
involuntary detention or loss of liberty. That's at odds with Article 14 and how do you get
8
around that. That's going to be difficult in term it is of alleviating fears of policy makers.
9
10
If you think last year the UK Supreme Court case where they had a woman who was a voluntary
11
patient who was released at her time when she was assessed initially the notes were made on her
12
record if she tries to leave she should be considered for holding powers for involuntary
13
detention, she was allowed go home and she ended her life.
14
15
The UK Supreme Court held last year that there was a violation of article 2 of the European
16
Convention on Human Rights, the right to life and that the State was under a positive obligation,
17
under an operational obligation under article 2 to prevent her from ending her life. So the
18
question for me is how you resolve those issues.
19
20
Yes there are inherent double standards in relation to the health system, in relation to mental
21
health system and then of course if you look at something like involuntary detention as some
22
kind of substituted decision-making where it is, where psychiatrists make judgment calls and
23
decisions for you, the question is how you map it on, it's difficult where it lies with policy
24
makers and deconstructing these problems.
25
DR QUINN: So I don't have the answer either, I intuit an answer but I don't have a reason
26
answer. My intuitive answer is mental health field will disappear in some years time.
27
28
I think here is one angle into it, if you take the controversy over the diagnostic manual or
29
whatever it's called that the American Psychiatric Association put out every few years, the recent
30
one, and the candid admission which is fascinating to me that only 3% of the diagnosis, this is
31
the psychiatric association itself admitting it, only 3% are directly referable back to an organic
32
disturbance in the brain or what not.
33
34
Sub text to me, mental health field is massively hyper over-medicalised. Then when you begin
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to peel that away, you begin to say to yourself the only rationalisation that is might be out there
2
is that the individual somehow their will is distorted, that it's not Charles that's speaking, it's the
3
sickness that's speaking. Well if the sickness is actually such a minute fragment of the mental
4
health field then something else at play is not captured by medical exigencies versus autonomy,
5
so the debate is wrongly constructed and I think we are in a very interesting firmament and
6
transition period. If I were a betting man which I'm not I will say the mental health field won't
7
resemble what it is now in 20 years time.
8
CHAIR: I have been doing good with time don't let me down at the last moment. So a
9
gentleman here, a lady and Jerome. You can go last.
10
PROF BICKENBACH: I just want to address one thing. What they said was so far we only
11
have three organically-based rationale, we may have 100% organically-based, you look at the
12
N-I-M-H-N-U-S, the justification of what they are saying is the symptomatic collections are
13
badly defined because there is no genetic or biological substrate, but they can all have -- so your
14
reading of that controversy is we want to medicalise it all, that's the aim. And what doesn't get
15
medicated should be dropped off as anti social behaviour, but they are not saying only 3% can be
16
-- 3% so far has been...
17
CHAIR: I'm not chairing a debate between Gerard and Jerome! One statement Gerard and we're
18
moving.
19
DR QUINN: This is obviously for after three pints tonight.
20
I'm sure you've had the experience when you are with a politician and conversing with them,
21
they are distorting variables, what the hell is the self, how do we know we're accurately
22
transcribing the will and preference of the self toward third parties, so I just feel there is an awful
23
lot yet to be uncovered in the debate rationally. Then we have real developments such as the
24
dilemma you bring up with me, such as are all wills and preferences to be respected at all times,
25
which is a separate issue and maybe an alternative way of rationalising or salvaging some of the
26
mental health law.
27
SPEAKER: Actually I'm looking at your presentation regarding the developed jurisprudence in
28
context of European Court of Human Rights, it seems that the courts tend to make a distinction
29
between inhuman, degrading treatment and torture. This is problematic, particularly if you look
30
at Article 15, Article 15.1 uses the phrase in particular that no-one shall be subjected to medical
31
and scientific experimentation. And I think this is very problematic in terms of actually limiting
32
the scope, especially if you look at this in the context of the jurisprudence.
33
34
So do you think this is a limitation or actually widening the scope? In other words is medical or
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scientific experimentation, is it to be regarded as torture or it could be regarded as inhuman and
2
degrading treatment. And I think this is in terms of interpretation of the text it might cause
3
certain problems in terms of interpretation.
4
MR O'MAHONY: I'll get Janet to answer that question.
5
MS LORD: It's a good question and a question is whether or not -- the understanding of that
6
component of Article 15 is that it prohibits medical or scientific experimentation in the absence
7
of informed consent, and that is torture. Not inhuman and degrading treatment or punishment.
8
That's torture. And the reason why it was specified in Article 15 as well as in a few but not all of
9
the earlier instruments was because of actually the persecution of persons with disabilities during
10
the holocaust that medical and scientists experiment without their informed consent and all those
11
some argued in the drafting of previous instrument that is really no need to specify that, because
12
it's already encompassed as part of the torture prohibition the feeling was it was so egregious
13
there was a sense it needed to be spotlighted and highlighted.
14
15
So basically Article 15 is drafted in line with that earlier articulation, which does specify that
16
medical and scientist’s experimentation without consent is part of the torture prohibition but not
17
cruel and unusual treatment or punishment component. And I think it's an important addition
18
and I think given the history of not only the holocaust but much more recently and currently of
19
engaging in scientific research and experimentation on persons with disabilities, particularly
20
those who are institutionalised without their informed concept I think it's an important issue.
21
22
The other question is can someone ever give informed consent when they are institutionalised to
23
medical and scientific experimentation that's an open question and a lot needs to be done on that.
24
CHAIR: Up the back, the very last person.
25
SPEAKER: My comment is a slightly facetious response to Gerard's statement. I think if you
26
look at the origins of mental health lack, which was basically the last vestiges of Victorian
27
welfare law, I agree with you that it's on borrowed time.
28
29
But if you look at what is killing people these days, I suggest that we start a health welfare law
30
or health wellness law, or heart welfare law, to prevent heart disease and that we basically
31
involuntarily detain people not taking care of their heart wellness and to ensure they take
32
medication and get enough exercise and follow sensible diet. We would be well ahead of the
33
curve!
34
SPEAKER: I would like to narrow down, please correct me if I'm wrong, in terms of healthcare
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setting, if the treatment is not in regard to priority can it be regarded as torture, the second is we
2
saw the articles objective for example treatment can be turned to be negative without informed
3
consent can that be classified as torture.
4
5
I want to narrow down because I want the specifics to make sure my understanding is correct of
6
torture, concerned legally with Article 15 as mentioned before.
7
8
If the medical setting, if they have treatment with medicine and biology, for example treatment
9
without regard to that person for example can that be regarded as torture.
10
11
The second point is intervention going to be save or kill intervention turns to be negative, to be
12
harmful for the patient can you refer to that as torture.
13
MR O'MAHONY: So the question is if the treatment isn't based on medicine?
14
SPEAKER: Medical setting is not regarded as medicine and biology and it was given...
15
MR O'MAHONY: If it's forced treatment it doesn't matter where it happens.
16
SPEAKER: No, for example if the medicine, from disability maybe better disability, but
17
treatment for medicine...
18
MR O'MAHONY: If the treatment causes disability?
19
CHAIR: If you two had a chat that would be useful and you can have more time, would you be
20
happy enough with that?
21
SPEAKER: Yes thank you.
22
CHAIR: There is one last point over here, that is it. I'm drawing the guillotine on this
23
discussion. Charles, it has been a very interesting subject.
24
SPEAKER: I would just like to respond to Prof Janet about using the word in particular, I think
25
it is not a good strategy to only bring medical and scientific experimentation due to the holocaust
26
experience, if you look at the issue in broader context, for example do you think like lashing in
27
some Islamic countries that actually base their jurisprudence and laws on that lashing and
28
corporal punishment could be valid, and I think here looking at this issue it could be detrimental
29
to disability rights, because they need to put, not only to single out experiences from other
30
countries, but you need to specify or widen the scope or to just not mention the word in
31
particular. That's my point.
32
MS LORD: That's a great point.
33
CHAIR: I'll leave the last word with you.
34
MR O'MAHONY: I very rarely get the last word anywhere, but to say I don't think the
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psychiatrists are too worry about the UN Convention on rights of persons with disability, I don't
2
think they are too worried about mental health disappearing as a field in the next 10, 20 or 100
3
years.
4
CHAIR: Thank you for that Charles, I think like every speaker Charles delivered a passionate
5
presentation and he thoroughly knows his subject and I wish him well with the rest of his studies
6
and I'd like to thank you for your attention. We didn't finish on time but I don't think we're too
7
late hopefully and I hope you have a good evening tonight and get time to rest up.
8
MS KEANE: Just one quick thing from me, a huge thank you to Mary Keogh who has really
9
done a great job at chairing today's session, she has been very diligent with timekeeping and I
10
think that you all probably appreciate that today because you are going to go partying later. So
11
just a reminder that the barbecue is in the Radisson Hotel tonight, food from 7.30 and music
12
hopefully a little after that so they have time to set up. So everybody is invited, hopefully we'll
13
see you all later.
14
15
Finally, just to remind the PhD students among you that we are going to meet, if you want to
16
gather at the coffee table and I will bring you through to the room that we are going to meet in.
17
Reminder PhD meeting now, barbecue later and thank you again to Mary.
18
19
Conclusion
20
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NUI Galway Summer School – 20 June 2013
A
abducted 12:18
abductions 12:17
ability 86:25
able 8:18,26,29,33
9:13,15 10:9,18 11:10
17:1,2,9,18
18:12,14,16,20,25,28
23:15 26:34 28:14,23
35:14 36:21 41:5
44:4 48:23 49:2
50:23,24 51:9 56:20
60:17,33 68:30
69:8,15 79:9 81:28
83:4,16,17 85:5 96:34
100:12 101:19,22,24
102:5
abolish 106:25,30
107:5,13
abolished 98:11
abolition 93:23,29
107:9,17
abortion 12:7,9
abortions 12:8
about 1:26 4:14,16,33
5:2,30 6:16,17,19
7:16,21 8:34 11:2,29
12:31 13:1,2,3,9,29
15:25 19:13,14,27
22:1,23 23:7,10
24:13,23,24 25:17,27
26:25 28:14,15 29:34
31:1,2,15,20,32
32:1,17 33:9 34:11,19
36:3,4 38:31 39:5
40:12 41:3,4,10
42:6,20 43:15
44:22,24 45:
abridged 96:30
abroad 79:5,7 87:32
absence 7:15 111:6
absolutely 61:11
abuse 95:9 96:11
abused 68:28
abuses 96:3
academic 7:4,17 14:29
academics 44:11
accelerate 49:24
accept 52:5
acceptable 12:4
accepted 92:14
access 11:2 61:25
62:11,13 66:28
100:13
accessibility 3:11 22:5,34
24:3,5 41:4
accessible 21:17 54:19
59:7 60:30 62:9,13
63:33 66:19 78:28
80:11,16 81:20,21
82:3 88:12,13,17
89:22,25 101:25,30
103:16,17
accidents 12:19
accommodate 103:10
accommodation 10:32
41:3 80:13,15
95:16,18 97:4 99:32
100:1,2 102:12
accommodations 80:10
accordance 1:15 35:9
94:29
according 12:8,12 43:9
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23:33 39:2,13 42:26
81:32 83:5,24 92:33
accountability 83:24
accountable 44:24 85:8
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accurately 110:21
accuse 98:13
accused 98:13
achieve 88:29
achievement 8:34 87:4
achievements 4:14
achieving 5:3
acknowledge 92:31
across 2:5,11 5:18,30 6:3
7:31 24:32,33
28:18,19 75:28 79:16
81:8
act 25:18 26:1,9,10
75:12,17 94:29 95:10
action 8:6 10:6,14,29
11:34 14:7 18:3 37:5
40:20,34 68:14
72:14,15 73:6,34
79:15 85:6 98:10
actions 8:4 41:2 81:21
active 13:25 21:16,18,33
52:19 57:15,19
58:14,24 61:10 68:28
89:32
actively 5:32 7:8 20:18
22:26
activist 89:33
activities 2:10 3:6 26:3
35:31 54:7,9 56:2
58:19,30 62:19 88:32
89:4
activity 26:4 58:28 72:9
actor 32:10 48:30
actors 8:1,4 18:2
32:10,22 52:32 55:27
64:21,34 88:24 93:34
actresses 88:24
acts 8:6
actual 20:4,10 65:28
93:10 107:5
actually 2:33 17:33,34
19:33 25:31 34:2
38:30 53:24 56:1
58:24 59:6 63:16
65:16 68:4 69:2,15
70:30
78:3,23,27,28,29,32
79:17,20,28
80:4,13,15 82:3 83:25
89:8 91:29,30
92:21,27 93:6,33
95:7,14,17,29
96:17,27,28 97:18,31
98:6,25,28,32 99:23
100:17,18,24,34
adapt 32:25 39:27,29
adaptation 49:34
adapted 48:7 75:29
adapting 103:12
add 8:8 33:18 37:14
89:21 93:5
addictions 25:20
adding 93:3
addition 16:26 25:19
100:14 104:6 111:17
additional 5:11 39:27
42:10 55:34 56:4
71:24 79:30
additionally 26:3
address 17:19,28 27:18
36:19,26,31 81:16
110:10
addressed 4:7 12:22,29
47:29 63:13,24 83:20
addressing 11:24 19:2
47:30
adds 8:22 93:6,10,11
adequate 54:9
adequately 53:20
adjournment 61:18
adjustments 101:34
administer 95:24
administered 98:23
administration 32:7
36:17 79:15
admission 9:14 109:30
admissions 9:31,33
admitting 109:31
ado 1:20 61:29
adopt 3:6 15:34 34:6
84:31
adopted 4:16 16:14
17:33 21:29 23:19
25:17 42:34 43:7
50:19 59:14
adoption 34:11
adopts 15:11 16:33
advance 2:9 29:25
advancement 74:4
adversarial 83:28 105:6
advice 30:3 45:4 48:20
advise 20:3 36:12 37:12
46:8
advisor 61:26
advisory 36:6,10 45:2,6
46:4,29 49:15
advocacy 1:7,16 2:11
5:32 6:21 27:29
57:17 71:32 74:5
76:15 78:18 80:27
86:32
advocate 18:2 19:2
54:32,33 81:29 85:1
88:27
advocates 56:6 82:2
85:14,21
advocating 7:34
affairs 37:34 47:25 55:6
82:27 86:18
affect 12:3,16,27
affected 64:24 65:10,12
66:23
affects 40:21
afford 67:10
afraid 62:33
after 15:9,25,34 16:14
19:21 21:29 29:12,25
35:30 56:18 61:16
73:13 76:16 87:1,6,7
90:1 91:9 92:25
100:14 107:10 110:19
113:12
afterbirth 67:5
aftermath 75:15
afternoon 60:27
afterwards 22:17 30:15
43:25 54:17 73:14
again 9:29 14:30 16:18
17:20,26 25:19 28:14
36:2,4 37:29 38:14
44:9 48:26 50:4
51:18 60:28 62:24
63:25 64:30 65:4,27
68:19 70:3
71:5,11,21,27 72:19
73:2,10,28 79:27
80:29 84:7 85:20
101:24 113:17
against 1:19 9:10,19
10:10 24:16,17 25:31
26:29 28:5 40:10
50:29 73:8 78:11
83:15 94:8,10
age 71:25,27 102:30
ageing 61:20
agencies 61:27 62:34
64:13,19 77:19 79:4
81:5,8 83:12,16 84:18
86:15
agency 77:19 78:23
82:27
agenda 1:9 2:12 12:32
64:29,31 74:28
78:3,28 82:19
aggressive 105:7
ago 66:27 68:3 70:30
71:15 72:2,3 75:9,27
86:23 89:32 90:31
102:21
agree 28:27 48:34 59:5
61:7 90:28 96:19
105:29,30 106:8
111:27
agriculture 74:27
ahead 66:1 111:32
aid 61:21 63:28 64:2
72:19 82:26 83:8,9,33
84:1,2,14 85:12,15,28
87:9,21 89:8
90:23,24,26
aim 7:28 110:14
aims 78:12 79:32 80:5
air 20:4
all 4:2,3 5:12,16,30
6:2,3,4,8,9,11,32 7:15
8:32 10:18 11:14,19
12:27 13:23
15:2,18,31,32 17:33
18:23 20:13,19 21:17
22:3,5,11,27
23:1,11,22
24:10,18,32 25:22,23
27:34 28:1,29 29:1
30:17 31:2,3,29 32:29
34:18 35:19
36:3,5,28,33 37:13
40:13,20,29 42:31 43:
allegation 95:10
allegations 27:9 96:11
alleging 91:26 99:19
101:27
alleviating 109:8
alleviation 65:1
allied 76:31
allocated 8:5
allow 108:9,10
allowed 17:16 51:18
109:13
allows 26:3 69:10 74:5
almost 43:34 47:32 66:29
73:26 105:16
alone 61:3 67:28
already 11:7 21:30 25:19
28:4 29:5 30:5 31:2
32:30 33:5,22 34:34
35:15 38:10 42:33
51:22 64:28 70:26
79:7 111:12
also 1:7,18 2:12,20
3:9,24,27 5:19,26
6:3,23,26,29
7:4,17,25,34 9:26
10:11,14 11:9,19,30
13:18 14:29
15:2,17,18 16:32
17:8,14 18:8,20
19:2,11,14,28
21:14,21 22:16
24:13,15,18
26:10,13,14,17,18,22
27:25 29:21
30:1,22,25 31:19
32:2,22,23,29
33:21,25,28 34:1
altercation 102:3
alternative 4:22 110:25
alternatives 107:23
although 2:30 30:21,24
36:10,22 48:28 50:30
62:7 63:13 64:4
106:6
altogether 6:17
always 3:33 13:23 28:29
49:1,27 69:34 70:24
89:17,19
amazing 29:7
ambitious 74:2
ambulance 102:4
amend 24:8
amendment 25:18
among 23:5 62:18 75:9
113:15
amongst 5:23 43:2 45:26
amount 7:20 63:5 65:15
67:7 90:7 99:23
100:1 101:30
102:18,26,27 103:5
amounted 103:4
amounting 100:19
analyse 5:22
analysing 5:11 7:10
analysis 5:12 7:10,22
8:31 9:6,23 11:11
and
1:7,9,13,14,15,17,20,
22,30,31,32
2:2,3,5,10,11,12,15,1
9,20,23,24,25,26,31,3
2
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3:3,6,7,8,9,11,12,13,1
5,20,24,27
4:1,2,7,10,16,18,26,2
7 5:11,12,20,22,23,29
6:7,9,12,18,20,21,26,
28,30,32,34
7:1,4,8,9,11,14,15,18,
20,25,29,34
8:6,10,11,18,21,23,24
,29,30 9:1
angle 109:28
animals 105:10
announce 36:22,23
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annual 72:3
anonymously 18:28
20:27
another 10:4 11:6 12:16
13:11 20:34 25:29
35:6 36:5 37:14
39:23 42:16 45:5
46:19,28 57:10
58:20,21 64:29 71:28
75:21 76:9,14,23
79:9,26 83:20 86:28
87:7,11,12 99:17
102:15,21
answer 28:27 33:1,11
34:8 36:21 37:1 42:7
49:21,24 50:1 52:2
75:7 103:8 108:32
109:25,26 111:4
answering 77:14
answers 17:27 65:16
68:19 91:9 104:3
107:14,29
anthropologist 60:27
67:9 75:28 76:3
anti 85:6 110:15
any 4:13 7:20 8:14 13:1,3
19:5 22:7 24:25
26:2,21 29:1 36:15
39:28 42:1 43:5
45:30 46:18,26 47:6
51:23 52:6,14,27
56:1,31 57:26,32
58:17 59:14,19,30
62:16 64:26 65:7
68:1,28 70:16 72:31
76:11 77:2 79:27
81:1 82:19 89:6,8,14
94:31 96:9,17 99:12
101:28 103:
anybody 29:6,11,12
33:10 56:4 74:24
89:6,8 98:11 107:31
anyone 22:7,9 85:31
anything 29:12 30:29
33:12 57:9 64:8 66:1
70:5 74:31 75:4
90:15,16,17 93:4
anyway 56:34
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apart 74:4 75:22,23
apparently 95:4
appeal 10:31 26:9 27:16
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appearance 33:20
appears 100:10
applicable 34:2
applicant 100:12
applications 80:9
applied 27:16 65:5
applies 93:5 94:22
apply 43:29 57:2 78:32
applying 80:3
appoint 35:18 37:26 40:1
45:17 46:11 57:7
appointed 35:24 38:1,27
appointing 78:21
appointment 79:6
appreciate 66:21 87:19
91:13 113:10
appreciated 22:13
approach 8:21 11:26
17:28 38:5,33 41:11
55:6 62:1 67:10,30
72:25 75:5,25 76:28
114
85:29 89:19 92:18,20
99:3 100:34
approached 70:24
approaching 66:9
appropriate 31:29 39:11
62:12
appropriately 81:32
approve 73:14 94:27
architecture 32:19 35:5
36:11 91:18 95:8
archived 22:16
archives 28:22
are 1:9,30 2:30,31
3:3,14,15,21,29,30
4:13,16,18,22,31,33
5:5,15,17,32,34
6:1,11,23,24,28,33
7:5,8,10,25,31,32
8:17 9:6,29,32
10:21,23,25,26,30
11:13,14,15,21,25,28,
29 12:2,4,31
13:1,6,21
14:12,16,22,27
15:1,18 16:1,8,14
17:1,2,9,14,16,18,23,
31,33 18:3,5,
area 4:26 16:2 21:5,33
30:10 31:8 85:14
92:4 93:8,10 94:1
100:28 105:3
areas 3:30 5:9 8:24 11:16
16:8 27:1 34:4 80:32
83:7 92:10
aren't 37:15 49:22 74:18
104:26
argue 74:2 101:34
104:34 108:23
argued 111:11
arguing 52:2
argument 20:9
arguments 47:20 103:33
arm 20:34
arose 102:29
around 1:8 29:23 52:23
54:12 60:21 65:1,24
75:15,21 76:11 77:30
78:4,17 79:30 81:12
82:8,12,31,33 83:14
84:14,22,31
85:20,26,29 86:9
88:11 90:27 91:18
93:3 97:10 100:7
103:32,34
106:18,22,32
109:1,5,8
arouse 100:15
arrested 98:15 102:3
arrived 1:4
articles 15:30,31,32
29:22 30:17 32:2
50:33 93:17 102:13
112:2
articulate 5:23
articulating 102:11
articulation 111:15
aside 42:15
ask 6:11,23 8:14 13:1,3
17:2,19 19:5 26:25
29:6 30:28 32:34
36:16,18,30 48:20
57:19 59:32 60:27
68:1 74:33 88:28
107:31
asked 34:17 37:12 50:31
70:12 76:1 91:24
96:33 98:15
asking 15:12,27 16:8
17:24 59:16 68:19,24
97:7
aspect 22:3 24:13 31:16
34:10,29 35:8 37:12
39:16,32 42:25 45:31
46:28 49:5,10 55:4,25
83:32 85:10 102:15
aspects 20:19 21:3 22:5
29:30 32:18,23 33:8
NUI Galway Summer School – 20 June 2013
34:13,14,30 59:4
85:15 105:34
aspirational 66:3
assessable 66:13
assessed 109:11
assessment 4:27 35:25
assigned 61:32
assistance 26:20 41:16
62:13 63:1,8 65:2
77:31 80:18,34 84:6
89:20 101:23
assistive 62:13
associate 61:28 77:16
association 109:29,31
associations 88:5
assume 60:6 75:34
106:15
assumed 71:2
assuming 70:16 71:5
75:21
assumption 73:8 108:13
ate 73:16
atmosphere 19:15
attainable 7:34
attempt 80:33 101:29
attempting 77:33
attended 14:1
attention 24:20 28:26
29:2 30:33 31:7 54:7
67:7,15 68:34 69:5,10
70:26 90:9 102:10
113:6
austerity 84:3
author 29:21
authorities 34:16 102:9
authors 20:6
autism 87:11
autonomy 110:4
avail 72:6
available 2:24 7:16,18
8:10 9:24 10:13
13:21 17:16 23:14
24:14 29:11 60:5
92:25 95:4
avoid 37:26 46:31
53:22,23 60:22 78:11
avoided 27:16
avoids 38:28
awaits 17:6
aware 34:12,34 51:12
56:31 102:3 105:2
awareness 11:28 24:7,9
40:18 42:20 51:14
57:21 58:19,20 67:32
78:17 79:13 83:29
86:23 103:15
away 11:26 102:3 106:10
107:21,22 110:1
awe 70:29
awful 110:22
aye 99:3
Adis 70:12
Administrative 26:8,9
Afghanistan 81:2
Africa 3:2 75:4 90:9
African 52:29
AIDS 68:25,26,34
69:4,5,8 72:10 79:16
81:13,15,19,27,33
84:26
Alberto 13:23
Albino 75:2
Alliance 1:13,23,24
America 3:2
American 2:2 6:25 89:33
109:29
Americas 19:31
Amicus 41:8
Amnesty 91:6 107:19
Anna 97:3
April 3:12 22:19
Arab 2:2
Arabic 8:11
Argentina 19:1
Article 3:15,16 8:31
10:8,22 20:18
22:23,30,33 23:4
25:13,16 26:2,3
29:24,29,33
30:1,9,12,21,24,27
32:1,3,4,26,31
34:11,25,30 35:3,8
36:3 37:3 38:33
39:4,6,9,10,20,28,30
40:17,27 42:26,31
44:30
45:2,26,31,32,34
46:1,4,8,22,28
47:2,13,16,26 48:4
49:11,26,3
Asia 3:3 90:10
Assembly 43:7
Atlantic 87:12
Attorney 55:4,19
AusAid 72:9,15 82:27
87:11,21
Australia 6:26 8:29 9:5
14:22 19:3 55:3,15
107:1
Australian 6:30
55:8,12,16,25 56:1
72:9
Austria 8:29,30 19:3
45:9 49:15
Authority 94:33
B
baby 10:3
back 16:7,9,15 22:1
29:13 30:22 32:10
36:10 52:2 54:6
62:34 64:14,23,30
65:30 67:29 74:18,25
75:23 84:7 91:4,33
100:24,25 109:31
111:24
background 1:26 50:13
62:15 66:16 82:25
backlog 16:10
bad 38:1 74:24 82:14
100:13 105:13,27
badly 110:13
balance 2:32 52:32
balanced 4:18 54:27
ball 78:21
band 76:26
barbecue 113:11,17
barrier 75:1
barriers 4:18 6:33 8:17
21:32 63:15 78:33
79:2
base 7:22 58:8 93:20
112:27
based 1:24 9:17,29
10:23,25 12:10 52:26
65:25 67:5
86:14,16,22 89:27
96:1,4 108:1 110:11
112:13
baseline 65:11,12
basic 48:10 83:21
basically 3:14,34
98:13,15 99:8
111:15,26,30
basis 21:9 23:16 25:24
26:31 27:6 36:24
37:14 69:21 102:23
108:3,4 109:1
bathroom 100:13 101:22
battle 52:4 98:21
bear 2:26 93:7,30
94:6,8,15 100:23
104:5
beat 74:9
beautiful 32:24 50:1 59:8
88:18,20
became 51:28 82:34
because 4:5 5:16,32 6:32
9:11 10:28 11:15
12:4 13:4,24,34 14:20
16:9 17:17 19:10,30
20:4 23:9,13 24:31
26:26 30:17 31:9
32:18,23 33:16,22
34:1,3,6,11 36:27
37:14,29 38:24,27,29
39:16,21,33 40:13,23
41:10,31 42:10
44:3,23,34 45:3
46:18,29 47:23,31
48:1,7,1
become 33:19 57:12 63:2
87:13
becoming 68:27,29 75:29
85:28
bed 100:26
101:16,18,24,25
been 1:23 5:29,33
6:11,17,25,26 7:4,23
8:11 10:13,14
12:17,19,21,26,28
13:10,25,27
14:7,9,12,14,22
16:5,6,7,25,34 17:10
18:12 19:22
21:12,23,27
22:14,15,16,33
23:24,34 24:20,31
26:17 28:10,13
31:7,10 38:1,2,9,10
41:3,25 44:29 50:4
51:13,14,15,17
53:12,15
before 1:17,26 2:11 8:14
12:12 13:2,12,15 15:7
16:33 17:13 18:8,25
24:14 27:1 28:3
29:6,23 35:25 38:2
39:5,6 41:12,17 42:9
45:18 46:14 53:12
55:31 61:27 63:21
73:2,13,14 74:7 75:20
88:15 90:34 91:6
98:4 99:17,18 100:33
103:4,33 106:3,24
112:6
began 50:18 102:30
beggars 70:11
begging 70:12
begin 66:8 110:34,1
beginning 8:16 14:8
39:33 48:24 59:17
behalf 1:23 18:21,29
98:17,20
behaviour 110:15
behaviours 32:25
behind 14:27 67:26
96:21 107:14
behoves 103:32
being 4:29 5:10,17
6:34,12 7:25 9:27
10:23 11:2 14:4
16:22 26:20 34:14,15
44:31 49:2,17 50:22
51:23 58:27 61:3
62:32 65:12 72:18
74:29 75:1,2,19 78:19
79:16 81:14 88:19
89:3 90:8 91:10
102:16,32,33 103:19
106:9
belief 71:1
beliefs 70:27 71:4
believe 10:18 19:10
28:29 63:24 73:13
101:28
belong 36:11
beneficial 38:16 104:11
beneficiaries 88:7
benefit 58:30 62:21
benefited 26:31 50:20
benefits 9:29 10:10
beside 61:29
besides 59:34
best 34:21 44:30
56:15,23,29 59:9,29
62:11,23 64:3 67:26
87:6
better 1:26 2:18 3:30
4:11 7:20 17:3 28:23
31:15 46:4 47:11
56:17 60:5 65:17
71:5 73:18 88:15
100:32 101:22 112:16
betting 110:6
between 8:24 9:2 17:21
18:9 19:19 21:31
30:27 32:10 34:7
37:21 42:8 46:7,29
47:7,15 52:4,12,32
53:4,11 54:21
55:27,30 64:9,34 66:7
74:20 76:32,34 85:3
92:21 95:16 106:13
107:33 110:17,29
beyond 70:22 83:22 90:7
91:23
big 9:1 26:18 38:23 50:28
53:25 55:15 66:27
72:19,26 78:30
80:17,29 89:34 90:10
106:9 107:22
bilateral 72:13 77:19
bilaterals 90:21
bilingual 75:29
billing 56:21
billions 83:16
binding 78:11,15
binds 20:5 92:16
biological 110:13
biology 112:8,14
birth 71:26
bit 2:26 29:17 32:17 35:1
37:33 40:5,6 42:7
52:14 62:15 64:14
67:29 72:12 77:21
78:18 79:26 82:25
89:32 105:6,7 108:8
black 76:18
blame 59:10
blaming 75:4
blanket 101:18,21
blind 1:31,32 76:24
block 73:30
blocked 4:29
blue 16:21
board 28:19 49:16 72:2
boards 45:2,6 46:11
boat 64:27
bodies 1:13,14 2:12 4:13
5:16,20 11:8 14:4
24:14,20,32,33 25:4
27:18,22,24 28:3 29:8
30:14,23 32:19,29
33:27 34:19 35:5
36:6,10 40:1,2,12
43:18,22,31 44:33
45:9,10,13,17,18
46:4,29 47:14 50:3
59:18,25 91:21,22
97:19,26 104:7,12,20
body 11:6 24:22,34 28:21
32:30 36:12 37:14
39:22 40:6 45:15
46:33 48:30 49:16
50:20,22,32,33
51:6,10,26,27 52:5,34
53:29,31 54:5 94:10
97:26 108:34
body’s 32:25
book 29:34 68:11
books 29:21 68:7,14
73:10,18
booth 66:11,13
booths 66:20
borrowed 111:27
both 19:11 30:3 50:20
62:1 63:21 66:15
72:25 74:6 77:21,30
78:2 82:13 90:23,26
bother 69:20
bottom 60:30 67:17,29
77:22
bound 8:1 69:1
box 76:18
brain 109:32
breached 41:1
breaking 59:12 81:13
breaks 17:27,28
bridge 52:12,13
brief 17:1,17,18 18:20
26:34 59:16 63:7
Premier Captioning & Realtime Ltd.
www.pcr.ie
briefing 16:33 17:1,14
18:8
briefings 18:7,34
briefly 32:1 39:18 47:31
59:4 62:3 65:5 91:22
bright 85:20
bring 53:2,33 54:20
60:27 67:15 69:20
82:34 83:13,28
84:14,23 86:4 110:24
112:25 113:16
bringing 6:17 8:33 9:19
76:8 85:26
brings 55:4,6 97:31
broad 6:2 23:28 30:5
37:30 40:12,17,22
41:31 46:10 49:18
54:34 55:32 59:16
63:29
broader 30:23 41:8 46:9
61:1 84:27 85:28
90:25,27 112:26
broadest 41:19
broadly 64:2 67:5 92:14
brought 12:22 20:32
55:3 75:5 89:34 93:7
99:24
budget 4:32 7:10 8:5
9:13,16 67:6
budgeting 7:11 9:23
build 65:28 71:5 83:9
86:28 90:24 100:32
109:4
building 2:13 5:9,30
6:12,19,20 37:13
62:10 65:21 71:6
82:9 85:7 100:11,27
built 103:10 108:34
bulk 12:16
bunch 70:11
burden 52:3
bureau 65:23
burning 29:6,11 107:31
bus 60:32
business 80:29 84:19
busy 1:9 29:5 35:31
36:24 38:2
but 1:4 4:21 5:2,16,26
6:3,17 7:17,28 8:3,31
9:33 10:13,18,28
11:18,21 12:2,3,9
13:3 14:6,7,26 16:32
17:19,25 18:25
19:5,9,11,18
20:4,10,12,21 21:9,23
22:1,10,12 23:10,11
24:15,28 26:25
28:13,33 29:8,30,33
30:2,6,22,28,30
31:10,25
32:3,10,22,24 33:1,25
34
button 30:33
buying 43:11
Bank 64:20
89:12,30,32,33
90:1,2,3,4,8,9,14,23,3
0
Barbara 70:10
Beiler 72:4
Belgium 38:21
BECO 29:18,28
33:18,23,30
34:10,18,28 43:15,30
47:18,22,31
59:4,16,32
BICKENBACH
58:18,33 105:5
110:10
BIRTHA 52:16,20 58:29
59:1,31 60:2,14 61:7
Braille 57:18
Brazil 28:12
Break 29:6,7,12,13,15
61:33 90:18 91:2
British 72:10
Bulgaria 100:4,6
C
115
call 17:34 30:9 32:18
37:1 41:5 42:6,29
44:30 65:23 77:32
88:20 105:9,25
called 3:27 4:22 7:9
12:19 15:11 23:20
43:22 58:22 99:13,19
109:29
calling 21:16 69:4
calls 11:34 27:5 63:32
109:22
came 12:8 21:4 52:4,11
61:27 63:27 64:22
67:3,6 75:15
79:6,21,23 89:10 90:2
94:19 96:2,7 101:21
106:28
campaign 69:2 88:13,17
107:20
campaigns 24:8,9 91:7
can't 43:16 60:9,11,21
66:22 67:10 68:15
79:20 80:29 85:10
101:1 108:32
can 1:26 2:25 4:7,27
7:1,18,20,22 9:7
10:17,31 11:25
12:4,8,9,32
13:18,21,26
14:3,14,15,29,30 15:3
16:19,22,25,26 18:5,6
19:11,12,15,16
20:6,13,21
22:10,11,16
23:10,12,28 24:11,29
26:11,13,18,22,28
27:1,13 28:22
29:12,33 30:28,30
32:28,29 33:11,12,18
34:2
candid 109:30
candidate 52:16
cannot 12:2 20:17 22:2
30:21 34:24 39:28
44:3,6,13 48:13 57:2
61:11 83:8,15 86:9
89:12 95:24
cans 25:24
capable 38:14
capacities 29:34
capacity 2:13 3:11 5:29
31:2 36:8 37:22
46:17 62:10 80:23
82:12 83:9 85:7
86:25,28 87:18
97:1,30,31 100:6
101:5 103:32
106:11,13,24
capital 6:3 106:15
caps 93:9
capsule 47:24
captions 87:26,28
captured 110:4
care 9:32 36:24 38:11
40:1 67:4 68:30
81:15 94:34 96:10,22
100:23,25 102:10
103:1,4 104:19,21,25
106:10 111:31
carried 12:9,10 21:16
22:26
carry 33:27 38:4 58:4
62:2
case 4:1 20:12 21:9 26:10
29:34 41:13 47:14,20
48:12 52:6 55:25,29
70:17 73:26 83:10
91:24 98:29,32
99:1,3,4,7,17,31
100:4,5,10,23
101:2,7,11,12,27,34
102:1,15,21,22,29
103:27,31 105:13
106:3,4 107:10
108:3,34 109:4,10
cases 1:19 14:21 26:3
39:29 67:22 86:32
91:26 98:4 101:10,33
NUI Galway Summer School – 20 June 2013
103:8,19,24,25,30
106:3
categories 45:16
category 46:10 65:17
84:25
cattle 98:13,17
cause 34:3,6 111:2
caused 12:11
causes 112:18
caution 105:25
cautious 97:18,24
cease 28:3,18 41:33
cell 101:16,19,25
cells 96:9 104:18
census 67:22
central 7:14
centralisation 61:8,10
centralised 39:1
centre 1:6,16 29:26
50:10 52:17 61:23
62:32 88:4
centres 13:18 14:29
81:21 94:27 96:22
century 98:16,19,24
certain 5:31 11:16
15:12,13 16:6,29
20:20 34:23 41:5
58:8 71:14 103:19
108:19 111:3
certainly 11:24 19:30
20:16 58:29 59:31
60:3,15 66:21 68:4
69:31 80:17 90:24,31
106:28 107:20
108:3,23
chain 68:17
chained 102:24
chairing 110:17 113:9
challenge 53:19,20,33
78:30 79:9 108:32
challenges 3:30
4:16,18,28 52:25,27
53:28 55:10,34 56:25
57:23 77:23,25,27
78:25 87:25 91:22,24
challenging 6:11
54:23,24 78:2
93:21,24 107:23
chance 54:28 57:26
chances 61:3
change 25:22 35:34
40:31 44:3 51:17,19
56:19 61:20,21 73:14
82:33,34
83:1,13,28,32
84:20,23 86:4
changed 95:29
changes 11:25
changing 38:5 73:16
channel 83:13,19
channels 46:23
characterise 58:19
characterised 81:32
charity 86:16 89:2
chat 29:12 112:19
cheered 74:22
chemotherapy 102:23
child 10:1,4 24:17 28:6
31:10 41:3 63:19,20
81:23
childhood 70:32
children's 6:32
children 6:23 7:16 12:17
22:28,31 23:13,15,33
66:23 68:1,3,4,5,10
70:33 71:18
72:3,4,5,6,20,29
84:26 88:24
choice 18:24
choices 42:1 49:2 71:25
choose 35:4 38:34 39:22
44:4 46:19 60:17
61:10
choosing 49:2
circles 16:21
circular 15:6
circumstances 2:1 95:10
97:30 100:17
102:8,18 103:13,19
citizens 23:5 47:15
city 7:21 19:31 60:32
88:12,13,17 89:24,25
civic 65:2 73:2
civil 4:34 5:17,21 6:7
7:17 9:26 14:12 15:1
24:16 25:16 32:15
36:3 44:10,17
45:21,27 46:9
51:23,30,33 52:8,18
53:2,12,18 54:20,27
55:21,24,30
57:9,10,11,15,17
58:31 60:5 62:7
64:10 67:33 80:14
81:22 90:21 92:6,22
96:3,4 104:33
claim 41:16 46:24 54:29
claims 20:32 46:20
clarification 15:12
17:2,31
classified 112:3
clear 5:17 7:29 8:9 12:10
27:7 32:22 49:21
51:14,17 54:12 82:34
91:30 103:9,24,32
104:26 106:5,9
clearance 78:34 79:8
clearly 8:18 10:7 22:2
51:16 60:26 68:11
82:14 94:1 95:3
97:32 99:29 101:4
climate 12:32 52:14
climb 33:30 49:25
clinic 66:22
clips 87:24
close 31:32 32:25 46:13
88:33 90:30 100:31
closed 15:34
closely 20:19
closer 31:20 38:5
closing 46:25
clothes 100:14
clubhouse 88:23,25
clusters 15:29
coalition
5:6,9,15,26,31,33
6:12,16 14:20,24,30
56:13,19,27 81:30
coalitions 6:28 14:20
coat 100:12,26
codes 35:15
coercion 107:22,27
coffee 17:1 29:7,12,13,15
90:18,34 91:2 113:16
cogence 92:15
coherence 24:33
cold 101:17,19
collaborate 64:15
collaboration 38:18
49:27 53:11 55:32
83:12
colleague 26:33 91:4
108:8
colleagues 81:16
collect 41:23 65:4 72:32
collected 41:25
collecting 7:6
collection 5:11 7:5 11:30
41:22 52:26 80:4
collections 110:12
collective 57:1 71:11
college 61:23,27 86:11
collusion 95:25
combat 40:24,31
combination 45:31 46:7
combine 46:1
come 5:11 6:18 11:8
16:32 17:14 18:12,24
28:14 29:12
30:6,25,28 33:24 35:4
36:10 38:5 42:16
54:9 63:25 64:14,30
67:29 73:11 76:25
78:2 82:29,30
83:1,12,32 84:9,19
88:20,23,25,28 95:3
96:34 98:4 99:33
comes 22:2 26:29 30:22
55:29 60:11 62:23
63:22 65:9 67:13,17
70:20 71:11,12 74:30
75:3 76:34 90:16
91:30 98:5
comfortable 52:8
104:24,27
coming 1:9 5:18 6:16,25
11:3 12:32 22:9 39:6
52:20 54:15 65:27
66:15,16 69:18 71:7
74:14,19 76:18 77:8
94:14 95:29 99:7
103:25,33 104:25
commenced 96:7
comment 19:10,12 24:25
30:29 47:18 60:24
61:7 68:16 89:9
105:6,28,30 107:33
111:25
commentary 42:7 85:9
97:10
commentators 97:11
comments 3:13,14,15
60:24
commit 106:14
commitment 31:25 32:11
41:28 56:18
committed 60:7 101:12
committee's 3:6 6:19
7:30 15:18,22 16:11
17:11 26:11 58:10
97:24
committee 1:14,17,27
2:16,19,20,29,34
3:1,14,21,24,27,28
4:1,10,13,17,21,27
5:16,18,20 6:8,29
7:20,22 8:26 9:10,19
10:17,34 11:18,21
12:13
13:3,7,9,13,16,22,24,
27,34
14:34,2,7,8,11,16,20,
23,31,34
15:7,10,12,20,26,29,3
4 16:5,29,33
17:2,3,6,8,15,17,18,1
9,21
committees 27:31 46:14
75:12 104:15
common 6:6,18 26:30
37:13 52:5 53:4
74:20 106:33
commonly 19:34
communicate 102:4,5
communicated 108:15
communication 1:19
36:30,31 37:23
communications 3:7
communities 57:2,20
61:26 69:26 75:33
community 9:17,21
10:24,26 27:10
54:31,32 55:5 56:33
57:6 61:1 68:34
71:32 74:14,15
75:14,16 77:8
80:20,25 81:20
85:4,21 89:4,13,14
90:13 97:7 98:1
101:2,4 106:6,11
107:27,28,29
company 12:20 63:16
comparable 9:14
comparatively 19:17
compare 17:9 51:5 57:27
comparison 76:16
105:13
compatibility 41:21
compensation 12:20
compete 83:15,16
competence 47:21
competences 39:2
competencies 37:25
38:22,23
competing 77:7
competition 77:12
complaining 69:18
101:19
complains 10:8
complaint 36:27,29,34
41:3 56:15 94:5
complaints 10:13,14
41:2,4 45:1 103:17
complete 49:20
completely 17:29,30
32:24 74:14 108:18
completing 91:7
complex 60:14 66:26
70:29 71:12
complexities 71:22,31
90:20
complexity 71:24 77:21
81:7
compliance 10:9,22 24:4
36:1 43:10,19,20
49:30
compliant 27:17 39:28
53:33
complicated 32:23,29
38:8 42:8 45:13
49:21
complied 51:15
complies 39:30
compliment 4:26 96:12
comply 38:4 102:17
component 65:19 74:3
77:33 90:3 111:6,17
composed 3:1
comprehensive 2:23 6:2
7:28 32:18
compulsively 26:8
compulsory 107:27
comrades 71:10
concentrate 8:31
concept 91:32 92:3,8
108:19 111:20
concepts 63:7
conceptual 107:34
concern 5:10 27:19
38:29 86:14
concerned 31:13,19
34:25 35:13,16,27
36:10 38:13,31 39:20
44:9 46:7,22,32
48:28,34 82:17
105:32 112:6
concerning 19:15 41:13
56:28,32 57:12
concerns 3:30 4:6 7:32
8:9,27 11:15 17:11
18:15,17,23,27 20:4
21:10 23:18 25:17
28:34 30:9 32:6
33:26 34:18,30 36:19
38:24 41:20 46:28
108:3
conclude 104:3
concluded 100:33
concluding 3:6 7:30
12:13 14:13,14 15:19
16:34,1,5,14 17:33
19:21 21:5,12,13 22:3
23:19,24 26:11 27:13
41:28 42:14,15,22
94:13
conclusions 12:31 52:29
58:1
concrete 4:33 7:29 10:21
21:12,13 22:25,30
23:4 24:24 28:32
condemning 5:2
condition 108:22
conditionality
90:24,25,26
conducted 9:27
conducting 5:10,11
conference 19:29 28:27
conferences 75:22
confessed 98:26
Premier Captioning & Realtime Ltd.
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confinement 27:16
102:17
confiscated 102:5
conflict 27:26 34:6 79:5
conflicts 108:33
confronted 33:25
conjunction 102:13
connected 81:30 93:30
connection 55:30 97:29
104:33
conscious 22:10 60:19
consciousness
58:22,26,33
consensus 53:29 75:21
84:9
consent
108:9,10,11,14,16
111:7,10,16,22 112:3
consents 96:18
consequences 62:34
97:23
consider 12:31 16:29
37:9 53:30 89:3
93:19
consideration 2:31 12:33
19:28 37:3,7,8
considered 6:12 55:9,32
72:21 87:1,2 88:27
89:16 101:34 109:12
considering 102:8
consistent 25:5 82:10
consistently 84:2 90:10
consists 56:12
constituencies 5:12 6:3
constitution 11:4
21:15,21,22,23,24
91:33 92:1
constricted 95:9
constructed 110:5
construction 100:27
constructive 5:3 10:21
14:15 20:23 21:31
57:25
consult 3:29 16:23 20:19
60:9,11,12,25
consultation 6:24 8:23
19:34 21:7 23:32
53:23 58:14 60:23
76:13
consultations 85:25
consulted 22:4 23:12
36:5 37:31
consulting 6:23 60:7
consults 20:32,33 21:2,4
77:18
consuming 48:22
contact 28:21 36:14
40:20 60:31 70:16
91:7
contained 96:32
contempt 101:12
contend 43:18
content 30:24 47:2
contentious 84:8 93:13
contested 101:23
context 9:27 11:1 30:23
40:22 70:5 77:25,28
78:5 79:6,15,16 80:14
81:12 83:3 84:28
91:24 93:18
110:28,32 112:26
contexts 21:10 33:22
continually 69:3 77:12
84:24
continue 6:21 12:4 15:5
16:15 34:28 42:4
45:26 103:33 108:23
109:6
continued 12:11 29:29
52:1
continues 12:28
continuing 18:18
continuous 49:31 52:9
continuously 52:8
contradiction 108:22
contradictions 46:31
contribute 7:1 77:34
contributes 7:6
116
control 24:3,5 26:12
27:14 31:25
controversial 93:26,30
controversially 99:22
controversy 48:12 62:33
107:10 109:28 110:14
conventions 34:7 38:30
51:16,18 63:7 73:9
conversation 64:29 66:9
conversations 78:29
conversing 110:20
convey 86:32,33
convicted 102:30
cooperate 86:32
cooperates 48:7
cooperating 101:13
coordinate 35:26 86:18
coordinating 86:17
coordination 14:31 32:6
33:31
37:4,8,9,16,17,21,28,
30 38:13,15,16 43:23
46:2,29,32 49:13
51:28 52:6 56:11
coordinator 1:7 78:22
copies 57:18
copy 72:27,33
core 11:22 25:2 92:3
99:31 102:10 104:29
105:34
corporal 112:28
correct 74:34 100:34
111:34 112:5
correlation 90:29
corresponded 98:26
corroborated 98:26
corruption 8:24
cost 80:9,13 81:19
costing 80:13
costly 81:25
could 3:30 4:30,32 7:30
10:3,18 13:32 16:10
19:10,13,23,24 20:22
22:12 28:4,9 37:12
51:2,29,30 52:13 63:5
64:4 67:10 72:21
76:3 83:28 87:4,8,30
90:31 98:14 102:4
108:22,25 111:1
112:28
couldn't 74:31 79:8
101:16
counselling 81:15
counter 20:9
countries 5:21,34
6:7,16,25 9:14,15
19:17,20,24 26:2
28:9,10 34:1 35:5
37:15,34 45:9 52:26
53:28 54:14,32 55:23
58:31 59:30 60:25
61:3 62:21 63:28
67:18 68:15 69:14,15
73:14,17,18 74:6,7
76:23,27 77:3,5 78:13
79:7 81:2,3 83:10,13
84:3 89:14 94:2
112:27,30
country's 43:29
country 4:3,28 6:6,33
7:24 8:23 9:27 10:22
12:3,17 15:1,26
18:1,9,13 20:21
25:16,27 28:33
33:29,33 35:6 37:12
44:33 45:18 47:12
53:34 54:3,33 56:32
57:27,28,31 60:10
65:13 66:13,20 71:13
72:31,32 73:13 76:13
77:3 79:7,9,32 81:30
83:1,33 86:22
87:22,25 89:
counts 39:16
couple 66:27 67:20 71:15
76:8 86:17 89:34
100:5
NUI Galway Summer School – 20 June 2013
course 2:32 3:33
4:3,21,25 5:12
6:20,28,29 7:14,28
8:16,20,24 10:1,28,31
11:18,30,33,34
12:2,11,16,26,27
14:7,13,26,29 15:9,17
16:22
17:13,17,20,24,25,28
18:8,14,23,27 19:34
20:3,11,21 21:9,32
23:18 24:14 26:31
28:28,32 30:24 31:24
34:24 35:29 44:17,28
46
courts 26:23 41:17 99:31
103:33 110:28
covenant 24:16 92:6,22
cover 24:16,18 40:13
61:11
covered 15:31 23:12
32:18 40:2 45:5
54:24,30 73:4
covering 4:3 6:8,24 23:1
27:34
covers 16:27 62:15
create 30:14 36:12
37:7,15 39:23,24 40:6
41:31 42:19 45:16
47:3 52:13 59:33
94:25
created 42:34 44:3 45:10
94:18
creates 5:26 45:2
creating 38:17 47:14
49:16 88:30 101:3
creation 38:20 44:2
50:15 63:15
crew 72:4
cried 87:34
crimes 106:15
criminal 91:8 101:13
102:30 106:13,16
107:2
criteria 43:1 44:2
criticised 105:33
criticism 55:20,24 57:24
84:22 85:20
crosscutting 63:13
crossed 40:7
cruel 92:7,28 93:4
105:20,22,27 108:2
111:17
cultural 6:6 7:9 9:27
14:2 21:10 75:34,25
76:3 96:4
curious 19:27
current 53:9 72:6
currently 1:29 3:1,15
21:22 27:29 29:19
30:2 50:10 51:28
64:4,30 68:11
72:1,13,20 74:3 77:16
111:18
cursory 107:4
curve 111:33
custody 102:4 104:18,27
cut 64:12 82:15
cycle 16:18
Camilla 103:30 106:2
Canada 73:13
CAT 26:33 27:13,30
94:17 95:9,11
104:16,20
CBM 1:7
Charles 91:5,8 105:4
110:2 112:23 113:4
Charleston 50:9
Charlotte 78:21 79:12
80:3
Cheshire 61:22
Chi 88:13 89:24
China's 10:1
China 8:16,18 10:1,21
12:17 13:29 18:23
19:13,15
20:16,25,31,33
Chinese 86:21
CHAIR 1:3 25:13
29:4,17 50:4 52:16
58:17 59:12 61:15,20
71:14 74:23 76:5
77:15 82:19,20
89:6,29 90:18,33 91:4
105:4 107:30
110:8,17 111:24
112:19,22,33 113:4
Civilisation 91:33
Clarify 43:14,15
Colombia 91:31
Commission 43:8 48:16
55:8 56:1,12 57:31,32
77:18 94:27,34
99:3,19 102:12
106:22
Commissioner 30:2 43:6
55:9,29 93:20,28
106:23
Conclusion 48:3 107:13
113:19
Constitutional 91:34
Convention 3:9,18,20,27
4:3,17 6:8 10:22
20:20 24:16,17 27:22
29:21,30
30:10,11,17,19
31:3,9,15,28,29,33
32:7,12,20
33:5,9,12,18,22,24
34:21,23,25,32
35:10,20,21,27,34
36:1,2,5,8,16,24,28
38:3,10,23,31 39:1,12
40:4,10,13,23,24,27,2
8,30,31
41:9,10,20,21,22
Council 2:12 49:10 59:22
79:1,22 91:24
95:33,34 96:1 98:21
Court 1:17 41:13 79:15
91:25 92:20 96:1,12
98:4,33 99:1,18,22
100:18
101:10,12,27,28
102:8,9,18,26,31
103:4,5,25,27 105:31
106:3 108:33
109:10,15 110:28
CPD 21:4
CPT 100:24,29 106:9
CRPD 1:15,27
2:9,11,16,19,29 3:15
4:1,11,13,18,27,32,33
5:3,10,16 6:18,20,29
8:10,18 9:6,9
10:10,11 11:29
12:5,12,23 13:2,21,34
14:8 15:7,32 16:3,16
18:18 20:17,31
22:5,15 24:14,22,32
25:1,6 26:29
27:4,17,21,23
28:1,5,10,11,13,15,18
,23 31:6,13
33:13,17,22
Curiae 41:8
Curie 52:16
D
daily 31:30 36:24 37:14
danger 108:25
dangerous 59:26 100:14
dark 63:10
data 5:11
7:5,6,14,15,16,20
10:12 11:30 41:23,24
52:26 65:4 67:27
72:6 73:33 80:4
date 30:2 84:31 85:6,17
dating 2:34
day 1:9 3:12 15:21 43:16
55:30 65:14 86:2
87:34 88:19 101:21
days 3:9 85:33 102:6
111:29
daytime 102:33
dead 90:16 106:4
deadline 60:24
deaf 1:32 6:1 54:31,33
102:1,2
deafness 75:28
deal 22:11 34:23 36:27
60:12 62:33 75:26
76:23 104:5 106:20
dealing 90:31
dealt 38:25 102:33
death 12:20
debate 4:8 90:26,27
110:5,17,23
debt 101:13
decades 42:33
decentralised 65:1
decide 16:27 33:28 67:14
decided 98:19 100:23,33
101:10 102:9 103:22
decision 20:26 26:24
27:15 37:28,31 38:18
41:14 46:26 52:19
109:22
decisions 3:7 10:31
109:23
declaration 33:19
deconstructing 109:24
decreasing 84:3
dedicated 70:22 73:9
defence 80:33,34 81:4
93:23,26 106:25,30
107:9
defences 93:24 106:25
107:2
defendable 48:6
defender 45:15
deficits 91:10 94:31
define 35:34
defined 110:13
definitely 2:6 4:14
5:15,26 20:20 26:28
28:28
definition 23:25 105:32
degrading 91:17,23,27
92:7,18,28,31 93:5,33
94:4 95:8,11 97:33
98:6,31 99:2,24
100:8,20 101:24
104:6,8 105:21,22,26
107:34 108:2,10
110:29 111:2,7
degree 10:11 47:26 87:31
109:5
delayed 30:19
delegation 14:1,3
15:21,24 17:24,27
19:1
delegations 13:25 19:3
63:27,28
deliberate 101:29
delivered 113:4
demarcated 92:20 99:2
demarcation 99:24
democracy 77:31
democratic 11:3 21:14
demonstrate 38:14
102:10
department 36:15,17,23
47:25,30 49:3 55:4,5
77:27 78:34 79:1
80:33,34 81:3,4 86:18
departments 38:34 44:12
56:17 60:15,16
depend 44:6
depended 103:3
depending 10:11 45:18
71:13 73:13
depends 54:14 77:3
108:3
deprivation 26:30 27:5
99:12,14 103:21
deprive 25:19,20
deprived 10:23 100:6
109:1
depth 5:22 44:22,25 50:5
61:23
describe 47:7
described 40:9 102:31,32
description 79:33
descriptions 79:31
design 108:5
designate 30:14 35:9,12
39:10,21,22,24,28
54:5 58:1
designated 15:26 38:9
53:31 55:10
designating 39:12 42:27
57:10
designation 35:30 37:4
39:26 53:30 54:7
55:13,34
despite 92:32
detail 4:16 10:18 13:2
35:23 50:33 51:3
72:28
detailed 26:23 51:5
96:27 100:29
details 26:13 28:21
detain 102:10 111:31
detained 93:19 94:21,23
100:18,24 103:20
detainee 101:34
detection 12:9
detention 10:32 26:12
40:11 94:28 95:18
96:9 109:5,7,13,21
determine 41:24
detrimental 112:28
develop 8:8 26:21 36:1
54:21 74:20 97:12,13
103:34 105:1
developed 6:7 10:25
26:19 59:30 60:2
72:32 74:7 81:16,31
92:10 98:29 104:10
107:21 110:27
developing 27:18,26
54:14 57:28 60:20,28
62:21 74:7 76:23
77:2 78:6 81:2 83:10
85:6 89:14 104:12
development 1:8 2:12
22:5 27:21 54:19
57:6 61:21,22,25
62:1,9,19,21,27
63:3,13,14,17,22,24,2
8,33
64:10,12,13,22,26,28,
31 65:19,30
66:1,8,14,15,21
67:13,26 69:20
71:7,31 72:9,10,12,19
73:31,32,33
74:14,17,28,34
77:18,32,33 78:3,4
79:6
80:17,21,22,29,34 81:
developments 78:7 87:12
110:23
diagnosed 102:22
diagnosis 109:30
diagnostic 109:28
dialogue 14:15 15:20,34
17:13,24,26 18:8
19:16,19 20:17,22,30
21:9,31 64:16
67:11,34 69:25 70:7
71:32 72:33 74:6,8,20
75:8 76:32,34 77:1,3
78:3 90:13
dialogues 17:25
dichotomy 85:3 107:33
dictated 102:24
did 12:11 20:27 29:34
38:8 50:13 66:34
67:22 68:2 70:10,29
71:20 75:27 78:5,6
81:13 83:10 84:9
91:33 96:31 97:6
98:10,14 100:14
101:29
didn't 15:12,13 19:9 57:9
58:20 61:13 71:2
84:22,23 97:7 101:18
113:6
died 102:1,6 106:3
diet 111:32
Premier Captioning & Realtime Ltd.
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difference 71:28 74:10
differences 40:10 72:17
105:32
different 3:20
5:18,22,23,34 6:3
7:24 8:9 14:4,21,22
15:3,5,6 16:21 17:14
18:2,5,6,13,31 21:10
27:1,18,30 29:1,34
30:11,21,23,25,27,30
32:1,18,19,22,23,25,3
0 33:22,24,27 35:3
36:34 37:5 39:34
40:1,2,13 41:1 42:5
44:24,28
45:14,16,17,32
46:10,23 48:6,10 49
difficult 5:18 11:13,15,21
20:30 24:24 25:13
36:11 38:1 58:13
59:1,5,9 65:7 81:1
88:11 107:20,23
108:31 109:8,23
difficulties 55:11 89:7
93:31
dignity 23:6 67:1
91:30,32,34 92:1,3
digs 102:10
dilapidated 100:13
dilemma 60:12,14
110:24
diligent 113:9
dimension 79:33
directed 4:10 16:1
directions 86:31
directives 79:30
directly 7:6 9:30 10:2
23:18 34:2 109:31
director 61:22
directors 78:27
disabilities 1:14,29
2:2,3,9,33 3:4,12 4:2
5:30,32,34 6:1,23,25
7:15,16 8:19,20,22,31
9:34,1,2,3,5,21,31
10:2,11,23,26,30 11:2
12:3,16,18,27
21:17,23,28,30
22:24,26,27,28,31,34
23:1,2,5,6,7,8,12,13,1
5,22,26,28,32,33
24:4,8,9,18,21 25:24
26:30 27:10,19,34
disability
1:6,13,15,16,23,24
2:1,2,11 4:6
7:11,12,25 8:21 9:23
10:3,4,11,23 11:27,28
12:10 13:18 19:9,17
23:21,25 24:15,23
25:23,24 26:31 27:6
29:26 32:30 36:1,4,18
38:2,4,22,28 47:25,29
49:4 52:28 54:34
55:9,15,16,28
56:11,33 57:12,15
58:24 61:24 62:23
disable 63:12
disabled 1:31 20:33 26:1
46:11 47:15 48:30
60:30 62:25
63:2,19,20
65:14,15,17 66:28,29
67:23 68:3,4
70:9,11,12,33,34 71:1
72:5,6 76:1,24,25
77:4 80:14 81:22,23
83:9,17 88:31 99:29
disadvantage 63:20
99:29
disadvantaged 77:9
disappear 109:26
disappearing 113:2
disappointing 13:32
27:28 106:8
discharge 26:8,14,15
disconnection 97:27
discourse 93:3 95:21
117
discover 39:34
discovered 45:14
discrimination 1:18 8:33
10:10 12:23 24:17
28:14 44:34 55:9,28
78:11,17 84:27 100:1
102:13 106:20,21
discriminatory 4:30
12:2,7
discuss 18:10 30:21
32:17 34:10 35:3
40:14 47:2
discussed 30:18 35:23
38:21 42:4
discusses 92:25,34
discussion 3:9,12 42:4,19
44:22 61:5 75:10
78:4 85:28 112:23
discussions 1:10 3:9,13
61:16 63:11 82:12
85:23
disease 111:30
disorder 25:20 26:4
109:4
disorientation 99:14
disparity 8:24 9:1
disposal 49:8
disproportionate 103:11
disputes 98:24
disseminate 65:4
disseminating 40:18,22
distance 38:5
distinct 38:15 47:30
distinction 12:10 53:4
66:7 110:28
distinctions 5:23
distinguish 38:16 108:1
distorted 110:2
distorting 110:21
distribution 2:32
district 66:33 68:10
73:22
disturbance 109:32
disturbing 22:10
diverging 27:25
diversified 8:23 21:4
diversity 23:33 84:23
85:20
division 90:10
divulge 20:28
doctors 95:24
doctrine 107:6
document 3:27 8:8 16:26
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NUI Galway Summer School – 20 June 2013
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49:3,4,21
56:1,27,33,34 57:5,32
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Premier Captioning & Realtime Ltd.
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105:31 110:10,16
farm 60:30
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fears 109:8
NUI Galway Summer School – 20 June 2013
feasible 20:30
feature 90:26
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federal 37:16,24
38:23,29 39:2 81:5
federation 1:32,33 20:33
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gather 7:18 18:16 75:21
113:16
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gender 2:32 71:24
84:19,22,31 90:29,31
general 3:9,13,15 15:24
23:11 31:8 36:22
43:7 52:25 58:29
92:14 98:1 104:34
106:20,21 107:4
generally 90:25 96:19
generate 68:14
genetic 110:13
gentleman 49:25 110:9
geographical 2:32
get 4:18 7:31 11:19,22
13:4 17:2 18:17
19:18,31 22:1 27:22
28:22 29:13 33:1
41:5 53:25 56:22,28
57:26 58:26 60:32
61:5 65:30
66:11,21,23 67:27
68:15,28,30 69:8,10
70:26 72:5
73:21,26,33 74:33
75:17 78:32 79:8
83:14 87:7,9 88:29
89:33 93:25 100:28
101:16,1
gets 49:34
getting 59:22 67:26
68:34 71:18 79:6
88:11
gift 88:2 92:1
girls 3:12 8:31,34
give 1:26 7:22 8:14 14:27
20:9,11,26 30:30
31:29 36:7
37:3,7,8,33 43:25
48:3,4,16 50:8,13
59:33 60:10,23 61:23
63:5 66:27 68:25
77:8,15 79:23,27,34
82:25 84:22 108:32
111:22
given 14:21 19:28 43:11
44:29 45:3 50:33
52:14 111:18 112:14
gives 5:16 8:9 29:25
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giving 14:3 43:18 44:7
48:21 53:15 97:19
glasses 74:25
global 1:30 2:6,13 38:33
61:25,28 68:34 69:8
71:32 72:17,19
73:5,6,32 74:5,13,14
75:14,16
glory 61:32
goal 33:24 74:28 90:32
goals 6:21 31:10
64:22,23,26,28 67:13
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goes 27:9 34:26 39:21
63:19,20 72:13 75:25
going 1:10 2:23 13:2
17:23 28:33 29:5,24
37:31 41:9 44:24
50:8,13 53:25 57:19
60:10,27
61:13,32,33,34 64:6
65:6,20 66:19,27
67:7,11,14 68:12
69:20 70:32
71:20,26,32 72:10
73:24 74:33 75:7,27
76:19,20 77:15 79:34
80:26 82:17,19,22,23
84:14,24,25 85:24,31
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gone 10:34 54:16 57:24
good 1:3,22 8:15 9:5,6,11
11:6 16:9 17:19
19:24,26 28:28
31:10,11 33:30,31
34:10 35:19 36:22
Premier Captioning & Realtime Ltd.
www.pcr.ie
38:1 43:30 44:34
46:4 49:12,26,27 50:5
54:13 56:19 57:14,29
59:11 62:32 64:14
66:16 67:14,32 68:25
74:19 77:5 89:7
90:21 92:33 96:17
101:18 110:8 111:5
112:25 113
got 15:6 19:21 28:14
32:33 57:25 68:4
69:4 87:5,31 89:24
101:17 105:13 106:29
gotten 75:12
governance 77:31
government's 9:20 10:17
15:31 17:6,29 72:9
government 4:11
7:1,11,17 8:19,22
9:24 10:6,7 11:29
13:25,26,29,33 14:1,3
15:14,19,20,24
16:2,7,9,11,14,30
17:8,9,10,24,27 18:2
19:16,19
20:4,6,11,16,17,32,34
21:2,4,6,16,18,30
23:20,31 25:22 35:10
36:7,16 37:4 47:15
52:33 53:12,15,19,30
54:1 55:18,24 56:
governmental 44:4,11
45:6 47:10
governments 4:13 14:6
50:20 58:25,29 83:29
90:21
governor 73:22
graduated 86:10
grandson 69:34
grant 87:5,11,12
granted 26:14
grantee 87:6
granting 26:15
grasp 11:19
grasped 24:22
grass 18:16 77:22 83:23
grave 3:8
great 7:10 27:21
55:12,27 57:11 62:33
67:21 68:20 75:10
82:5 93:1 98:5 105:5
112:32 113:9
greater 67:14 99:29
greatest 11:33 33:14
39:1 66:16,17 67:13
74:19
ground 4:19 17:31
18:1,15 21:33 24:24
25:8 31:11 33:24
61:33 66:6,7 68:21
70:17 71:21 73:4,6,34
79:15 82:17 101:17
group 7:21 38:24
56:13,20 68:3,28 76:9
77:9
grouped 15:2
groups 5:31 6:2,11,17
7:25 22:27 23:11,34
24:27 64:19 73:33
75:9 81:23 85:9
growing 63:17 87:30
grown 33:21
guarantee 76:11
guaranteed 58:13
guardianship 100:6
guess 58:10 62:23,26
77:20 108:28
guessing 67:23
guidance 8:8 79:27
guide 3:24 8:6
guideline 59:24 78:16
guidelines 3:24,27 42:34
43:2 59:33 73:19
guiding 93:7
guillotine 112:22
guy 75:4 102:1,16
guys 60:10
gyp 24:23
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Gauthier 29:18,24,25
50:17 61:15
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General's 55:4,19
Geneva 1:24 13:27 14:15
15:20 16:32,34 17:14
18:12,24 19:6,14,32
24:11
Georgia 47:12
Gerard's 98:16,20
111:25
Gerard 52:31 96:34
98:13,15 108:31
110:17
Germany 19:24 42:13
48:7 57:27
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God 98:16,20
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Graham 55:28
GROCE 61:22,29,30
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51:3,13,14 56:27
57:26 60:22
63:11,12,29 64:27
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70:12,13,14,16,34
71:2 74:27 78:18
79:4,5,7 87:7 88:4
89:34 93:25 96:24,33
98:10,22,23 99:19
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53:2 98:15,17 107:30
handle 71:32
handling 41:2
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85:31 91:8
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39:26 41:11 79:27
80:26,30 89:7 107:23
happened 22:19 41:12
54:2 76:8,10 78:15
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99:8 102:2,34
103:31,32
happening 7:25 54:3
56:3,25,28 60:25
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happens 19:34 44:27
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106:14 112:15
happy 1:22 34:34 44:4
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hard 1:33 17:34 22:10
27:22 100:28
hardly 89:14
harmful 112:12
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6:25 7:10 8:8,11
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12:26,28
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16:5,22,25 17:10
20:18 22:9,15 24:31
26:17 29:7,11 31:7
32:10 35:26,34 36:26
37:17,30 40:10,32
41:3,24 43:23
NUI Galway Summer School – 20 June 2013
45:15,18,25 46:9
47:24 49:17 50:11,13
57:7 59:20,29 62:8
64:21
hasn't 21:23 53:12 90:7
95:11 97:31
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107:13
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3:11,19 4:14,15
5:18,20,22,33
6:2,6,7,26,32,34 7:23
8:15 9:9,11,32
10:3,4,8,13,30
11:18,19,20,33 12:33
13:12,15,27
14:6,7,9,12,14,16,22,
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16:6,7,21,34
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92:20 95:2 99:31,33
107:8
haves 46:11
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34:15 38:15 41:24
46:13 47:30 49:3
50:4 53:1 61:3 64:29
68:14 69:3 72:12
74:3 75:19 90:32
104:29
head 15:24 35:20 69:5
74:27 87:34 89:33,34
102:2,3
heading 35:1
headline 90:8
health 9:16 25:18,32
26:1,9,13,18,20,22
61:24,25,26,28,34
64:20 65:1
66:16,22,28,33,34
68:9 72:2 73:32
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93:14,20,29
94:27,29,33
102:16,32,33
103:34,1
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107:17,18,20,21
108:13,18,24,29,30
109:6,20,21,26,34
110:4,6,26
111:26,29,30
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112:34
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18:15,16,26 19:7,14
24:29 29:28 40:11
55:20 61:5 76:3,22
82:22 89:11 90:15
heard 15:31 20:33 36:3
42:6 54:28 55:31
61:4 70:8,9,13 83:11
90:16,17 93:18 95:34
hearing 1:33
24:23,24,27,28 28:32
hears 25:6
heart 90:14 108:24,26
111:30,31
heated 100:11
heavily 27:23
heavy 106:13
heft 78:19
held 3:11,12 13:4
26:17,22 51:9 65:34
81:21 109:15
hell 110:21
help 3:24 5:3 8:8,11
16:11 18:17 19:15
33:21 36:16 40:31
42:10 49:32 59:30,32
60:1 63:1 80:1
86:28,31 87:8,13 89:2
101:23
helpful 8:26 19:18,20
60:3,4,5 72:21
helping 19:11
helpless 88:19
helps 8:1 17:3 49:16
hence 80:23
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61:23,24 68:11 72:4
75:8 79:8,9 81:16
87:30,31,32 88:15
101:21,23
109:11,13,17
heralded 95:20
here 1:6,8,22 19:1 29:22
33:32,34 34:28 36:12
40:4,12 45:32
46:4,10,28 49:8,10,15
50:10,12 52:17
55:15,25 58:1
61:13,29,32 67:1
69:19 71:21 73:2,31
77:4,5,19 82:33 83:11
84:28 85:19,33
87:24,26 88:23 90:18
93:10,34 98:9 99:26
100:4 101:33
102:15,21 105:3,
hereditary 75:28
heterogeneous 54:31
hidden 12:28
highest 9:14 26:17
highlight 3:28 4:26,28
8:17,26 9:11,15,26
10:1,18 11:15
34:11,14 62:3
highlighted 10:12,14,22
21:29 33:5 111:13
highlighting 3:19
7:16,29 16:2,8
highlights 16:28 23:9
highly 54:14 81:3
him 29:22 98:14 102:4
103:4 113:5
hire 81:28
his 27:14 29:23,25,26
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95:21 98:15,17,20
100:6,12,26 102:1,30
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106:28 111:18
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hoc 96:16
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24:33 28:24 83:4,24
holders 11:33 24:9 28:2
holding 7:12 16:16,34
85:7 109:12
holds 29:18 36:33
108:23,24
holocaust 105:9,10,12,13
111:10,18 112:25
home 9:32 33:21 54:3
100:14,24,25 109:13
homes 94:34 96:10
104:19,21,25
honoured 1:22
hooding 99:14
hook 42:17
hope 1:9 10:4 33:11
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113:7
hopefully 2:18 29:17
82:29 90:6 113:7,12
horizontal 37:20,23
horrible 101:3 105:17
hospital 9:31,33
hospitalised 26:8
hospitals 9:15,16 95:26
96:22 97:12
104:18,21,24,25
host 78:13
hours 15:21 76:4
housed 100:27
household 60:34 61:1
71:10,15
housing 37:23 55:5
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9:6,20,24 11:25
13:5,6,9,26,27
14:3,7,11,14,26,31
17:9 19:15,24
21:3,12,18 22:26
23:7,9 25:10 31:16
32:29,31 33:28 34:20
37:33 40:30 44:27
47:7,9,23,26 48:4
50:2,17 51:29
53:24,30 54:13,23
56:16 57:5,11,25,28
60:5,12,30,31,33 61:4
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28:29 32:23 44:27
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56:25 57:23,30
105:27
huge 20:20 30:15 61:24
83:16 108:32 113:8
hugely 50:18 85:12,13,14
humiliation 101:29
hundred 60:21 66:31
hundreds 12:3
hybrid 6:8
hydro 100:28
hyper 26:4 109:34
hypothetical 60:6
Harvard 61:28 77:17
High 9:30 18:25 30:1
33:30 43:6 48:15
75:28 76:5,14 77:18
86:10 93:20,28
101:17,25 106:22,23
Hinckley 107:10
HIQA 95:3
HIV 68:27 75:2 79:16
81:12,15,19,20,22,27,
33 84:26
Hong 18:26 19:1
Hotel 113:11
Human 1:12,17
2:9,10,12 6:30,31
11:14,26,27,30 14:23
18:24 21:24
23:21,22,25
24:10,15,34 25:2
28:2,11,19 29:20,22
30:2 31:21,26 32:19
33:33 35:13
38:6,28,29,30 41:13
42:29,31
43:1,6,8,15,18,23,30,
33 44:14 45:14,15
48:16 49:20 50:18,19
51:14 53:1,5,13 55:8
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idea 31:15,32 35:19
37:28 39:23 48:6,10
49:3 70:8 79:23
88:5,15
ideas 31:10 107:11
identification 8:19
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identify 4:26 8:1 60:16
identifying 16:6
identities 20:28
ignorance 69:32
ill 92:10 95:16
illustrated 99:4
image 8:22 24:9 40:31
imagine 83:27 107:20
immediate 16:11,15 21:6
immediately 33:2 67:4
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immunisation 70:32,34
immunised 70:33
impact 11:33 30:15 39:1
44:13 46:24 68:26
99:32 103:9,11,20
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impairment 12:8,9 87:27
impediments 76:34
impenetrable 81:1
impetus 78:5
implement 3:19 8:2
16:14 25:4,7 30:12
32:19 33:9 34:2
35:33 36:1,5 40:23
42:19 51:16 53:20
57:28 65:33 68:24
73:23 83:15 94:10
implementation 3:21
4:11,19,28,29,32 5:3
6:33 8:1 9:6,27 15:32
16:2 18:18 19:22
20:19 21:13 22:5
30:1,10,15,17,19
31:4,7,8,11,13,14,15,
17,19,32,33
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34:11,20,32
35:10,19,21,27 36:24
37:26 38:28,31
39:1,11 40:21 41:20
44:20 45:26,27 46:1,5
47:4 48
implemented 4:15
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31:26 33:14 41:20
68:21 78:19 95:3
implementer 80:4
implementers 79:27
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implementing 4:17 8:18
17:10 32:7 33:21
52:25 77:21 78:25
implicated 90:27
implication 65:5
implications 64:21
implicit 50:25 52:7
importance 38:33 62:5
86:7
important 3:34 4:5,17
5:19,29 6:8,13,28
7:4,31 8:16 10:1,6
11:14 17:26 20:13
21:3 24:13,29,31,32
25:5 27:24 28:18,30
29:1,2,30 30:10,18
31:13,17,24,28
33:5,8,12,16,18,23,31
34:10,12,28,29
36:4,15,17,30
37:24,26 38:22
39:9,16 40:22,30
41:10,22 42:13,16,18,
importantly 44:11 74:13
95:24
impossible 34:25 36:26
52:3 60:11 79:8
impression 106:29
impressive 66:6
imprisonment 103:21
improve 16:2 49:32
improved 3:31 26:14
improvement 50:2 65:11
improvements 78:33
impunity 12:22
inaccessible 60:32 61:9
81:2
inaction 10:7
inadequate 8:23 17:30
51:16
inadequately 100:11
inappropriate 8:21
include 1:14 2:10 21:25
23:21 24:1,29 60:24
73:31,32 75:6
included 12:13 27:10
49:11 56:34 61:24
80:15
includes 41:8 95:25
including 2:1 22:28
23:1,22,26,33
Premier Captioning & Realtime Ltd.
www.pcr.ie
25:20,23 27:6 38:21
39:10 44:10 54:1
58:2 62:9,10,13 63:33
64:20 75:4 80:13
81:23 94:21 96:21
99:20
inclusion 1:30 34:27
53:33 62:29 75:13
78:12
79:14,20,25,28,31
80:30 81:11,12 90:24
91:34
inclusive 1:8 6:31 8:3,29
9:7 23:25 25:1
27:33,34 31:2 36:8
54:33 61:22 62:9
63:14,33 72:25 74:34
77:26 78:3 79:34
80:25 81:9 82:5 87:9
90:11
income 65:11 86:12
incoming 12:31
incorporate 34:2
incorporated 2:6 7:30
incorporating 16:29
incorporation 33:33
increase 50:18 87:20
95:18
increased 68:27
increasing 78:17
incredible 89:2
indeed 105:33 107:1
independence 34:15 44:2
93:9
independent 2:29 4:27
19:11 20:14,34 32:9
39:9,11,20,32
40:34,2,25,28
42:1,4,22,25,30 43:3
44:19,23,31
45:3,10,17
46:7,13,14,24 47:8,34
48:11,12,13,31
49:9,10,11,18,32
52:7,34 53:29 56:23
57:8,10 58:2,4 59:6
82:12 87:7,8 88:8
94:10,25
independently 2:30
20:13
indicators 41:24
indigenous 6:1,24 9:5
23:34 55:5 56:32
57:1 84:26
individual 3:7 14:26
28:34 57:1,2 61:4
68:16 71:10,12,25
91:32 94:5 110:2
individuals 9:30 36:29
industry 80:29
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inequality 85:22,25
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infanticide 10:2,3
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inferiority 100:15
inflict 101:29
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inform 82:16 89:21
informal 18:9 28:30
information 1:26 3:8
4:1,23,27 5:27 6:9
7:18,22 8:30 9:11,19
10:13 14:31 15:13,31
18:29 20:27 23:14
26:11,19,23 28:7,32
34:16 36:16,33 38:17
41:5,8,14 42:10 46:33
48:16 50:14 62:10
64:3,8 65:28 67:7
68:29 73:22 74:29
81:1 86:6,25 94:33
103:16,17
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82:4 111:7,10,20,22
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120
informing 78:27
infrastructure 79:5 81:2
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inherent 109:20
inhuman 27:9
91:12,23,27
92:7,18,28,31 93:4,33
94:4 95:8,10 97:33
98:5,31 99:2,24
100:8,20 104:6,8
105:21,22,25 107:34
108:2,10 110:29
111:1,7
inhumane 91:17
initial 3:19,20 5:9 15:10
initially 33:11 109:11
initiating 19:19
initiative 57:9,29 89:13
initiatives 22:25,30,33
23:4 36:7 83:22
injury 26:4 102:2,3
inmates 103:3
innocence 98:20
innovation 27:23 51:17
innovative 41:19 52:23
53:1
input 14:12,13 26:31
45:7 46:26 85:4
88:27
insanity 93:23,26
106:25,30 107:2,9
inside 33:29
inspect 94:28 104:17
inspected 104:18
inspecting 96:9
inspection 94:31,32
97:28 104:23
inspectorate 94:28
inspiration 30:23
instance 31:9 32:28
33:23 36:6 37:12
41:28 42:13 43:5
44:17 45:1,9 54:2
55:13 105:31
instances 105:18
instead 47:30 66:22
67:23 77:13
institution 41:6 43:1,31
45:15 47:10 97:15
100:32 101:2 106:4
institutional 6:33 39:33
93:8 94:22 97:4
101:1 103:10 106:10
institutionalisation
82:13 97:20 106:2
institutionalised
10:26,30 26:21,22
111:20,22
institutions 7:4,17 10:26
13:18 14:29
26:13,18,20,22
27:10,11 29:20 41:27
42:30,34
43:9,10,16,19,23,27,3
2,33 44:14,29
50:18,19,21 51:9,18
52:1 53:13 55:21
59:18,24,25,27 64:20
82:9 90:26 94:4
96:10,21 97:19,32,33
105:18 107:28
instructions 80:8
instrument 6:8 24:15
111:11
instruments 2:10
24:15,18 64:31 111:9
insufficient 100:11
insuring 82:5
integrate 29:25
integrated 32:28
intellectual 5:34 12:17
21:28 23:1,13,15
25:23 27:6 94:32
95:1
intellectually 76:24
intense 66:31 81:7
interact 29:1
NUI Galway Summer School – 20 June 2013
interacting 2:20 13:6
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interaction 14:31 16:22
19:6 106:13
interactive 15:19 17:13
intercede 98:16,20
interdependent 11:14
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IMF 89:11,30,31 90:23
IMU 57:30
India 9:23 47:23 49:25
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Indonesia 79:16
Innes 55:28
Innocent 98:9,10,19
Inquiries 3:8 41:27
Institute 29:20
International
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INGOs 75:6
Iraq 81:2
Ireland 1:7 94:26,31
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Israel 51:27
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jury 98:22
jus 92:15
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18:13,34 19:5,7,12,27
21:4,7 22:7,11,19
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25:10,28 26:28
27:24,33 28:6,21,27
29:25,34 30:21,33
33:19 35:5,25,31
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justification 110:12
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Janet's 92:34 93:15
Janet 68:25 69:2 72:14
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Japanese 27:28
Jasinskis 101:33
Jerome's 108:3
Jerome 105:31 110:9,17
Jewish 105:9
Jews 105:9
Judy 89:32
June 1:1
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keeping 82:10
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50:14,19 52:4 58:21
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Premier Captioning & Realtime Ltd.
www.pcr.ie
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80:13 82:5 102:24
103:15,34 111:15
NUI Galway Summer School – 20 June 2013
link 64:34 71:6 89:11
95:15
linked 6:33 8:20
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65:4 92:22
links 9:30 10:2
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111:5 112:32
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108:14
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measures 3:19,22 4:15
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Premier Captioning & Realtime Ltd.
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NUI Galway Summer School – 20 June 2013
page 8:26
panel 76:5,14
paper 43:5 44:23 49:27
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Premier Captioning & Realtime Ltd.
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protecting 44:18 96:3
NUI Galway Summer School – 20 June 2013
protection 10:10 39:17
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Premier Captioning & Realtime Ltd.
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NUI Galway Summer School – 20 June 2013
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Premier Captioning & Realtime Ltd.
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104:15
NUI Galway Summer School – 20 June 2013
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start 1:4,26 2:29 8:3
15:27,29 16:22 19:33
29:17 35:8 56:6 57:9
61:4,6 64:27 67:27,34
68:17 70:4,8 71:20
73:8,10 75:32 76:1
77:25 78:5,15 85:2,16
87:5 91:4,22 105:4,5
111:29
started 45:10,25 75:13
78:10 86:23 89:33
starting 1:12 8:12 33:17
50:17 51:13 61:20
67:27 72:12 75:10
starts 15:9 16:18 17:34
68:20
stated 1:23 10:7 33:11
106:24
statement 62:5 69:4
79:32 93:24 110:17
111:25
statements 79:31 93:21
95:21,26,29,30 107:8
static 50:1 53:10
statistics 7:14 8:20,34
15:13 17:10 58:22
62:23,26 65:4,6,9,23
status 43:9,19,25,27,33
50:21 53:34 57:31
59:14,15,17,22
statutory 26:10
stay 26:18 68:31 72:17
76:21
stays 72:17
stead 60:30
stealing 98:13
steering 46:14
stenographer 91:11
step 15:9 16:14 17:13
30:22 67:19
steps 5:6 18:5
21:30,31,32 26:12,21
35:34 42:18 72:7
73:4,5
stereotypes 40:24,31
81:33
sterilization 12:26
stick 29:18
sticking 51:29
stigma 69:30,31 70:3
75:2
still 1:3 18:14 19:5 21:21
26:26 41:11 48:3
51:9 65:27 66:1
74:29 75:2 76:14
77:6 78:19,33 82:8,13
83:27 86:15,16 87:32
89:2 98:29
stipulated 21:2
stock 76:7
stole 98:17
stop 8:14 19:5 26:25
30:27 34:28 35:29
39:6 66:19 105:1
stopping 2:25
story 40:29 70:29 92:19
straightforward 73:28
strategic 1:17 10:28
11:20,21 41:16,33
60:22
strategies 19:14 20:31
80:24
strategy 44:5 46:33
75:23 112:25
stray 64:16
stream 1:15
streaming 84:22
streets 70:12 84:11
strength 52:27 62:2
strengthen 11:10 24:9
45:31
strengthened 59:20
strengthening 2:6
strengths 55:18 57:17
69:19
stresses 46:8 49:10
stressing 5:29 6:1
strict 29:5,24
strictly 108:16
strikes 58:22 60:28
106:32
striking 64:12
stripped 97:30
strong 4:10,33 6:6,7 11:8
28:12 33:13 60:8
67:33 76:15 86:18,29
87:13 88:27 95:29
stronger 43:33
strongest 33:16 46:24
52:13
strongly 43:31
struck 87:30
structural 8:17 83:16
structure 21:7 32:31
33:8 39:27 91:15
structures 7:26 30:9
33:4,9,13 34:17,32
37:15 45:2 46:18
47:3 49:25 60:30
90:24
struggle 31:21
struggled 107:19
stuck 29:5
student 1:6 50:10 70:32
91:5
students 29:26 50:8 64:5
113:15
studies 13:18 29:34
83:10 113:5
study 28:22 66:27
70:9,10,30 82:25
91:24
stuff 26:26
stumbled 75:28
style 77:4
subcommittee 11:8
43:24 94:18,20
104:16,20,26
subject 50:6 98:31
112:23 113:5
subjected 92:7,8 110:30
submission 16:26,27,32
18:20,27 20:27 22:2
28:14
submissions 5:21,22
11:19 14:19,30 57:20
submit 3:19,21 13:19
15:9 16:18,25,26
18:28 19:11
submitted 5:17,27 9:10
10:13 15:1,10,25
submitting 82:29
subsequently 93:28
substance 105:34
substantive 24:33 31:1
substituted 109:22
substrate 110:13
successes 89:7
successful 74:2,8 86:32
successfully 81:30 88:30
such 11:8 12:32 24:16
26:30 28:2 31:33
35:12 37:7,9,10,16
38:22 39:12 40:12
42:27 43:27,32 47:14
50:22 53:22,31 56:3
63:28 75:2 77:19
110:3,23,24
sucks 99:14
suddenly 67:26 72:2
sue 68:15 73:26
suffered 99:27 101:24
suffering 100:19
sufficient 34:15
104:22,30
sufficiently 11:29 99:32
104:33
suggest 111:29
suggestion 67:5
suggests 91:34
suicide 26:4
summarise 40:5 73:30
summer 1:1 52:21 82:29
100:5
supervisory 10:8,12
support 9:32 61:5
63:2,4,5,29 66:31
68:21,30 72:13 76:27
89:1 101:4
supported 14:21,22
63:27 68:4
supporting 22:25 62:10
78:18
suppose 33:28 93:5
103:8
supposed 3:29 57:8
64:33 98:20
supposedly 101:25
sure 22:11 23:5 29:11
32:25 35:1,34 37:1,21
39:28,29 40:2,23
41:20,23 42:18 48:5
49:28 53:17 59:6
61:23 68:31 73:34
75:13 76:15 77:14
78:28 82:3,31 98:26
101:11 105:22,33
107:14,29 110:20
112:5
surface 41:27
surprised 53:18
surprises 46:31
surprising 53:16 106:23
surveyed 66:28 70:11
surveyor 7:21
surveys 7:23
survivors 1:32 26:34
27:29
suspects 99:14
sustain 88:32 89:4
sustainability 54:12
88:30
sustainable 11:25 19:20
sustained 102:2
swathe 64:13 69:1
switched 57:7
symptomatic 110:12
syndicate 76:25
syndicates
76:24,26,27,28,30
system 1:20 11:24 29:7
33:33 34:1,6 35:9
49:20 57:7 69:23
72:1 73:27 89:25
94:12 95:32 98:29
106:13 109:20,21
systematic 3:8 54:23,25
56:2,25 58:4
systemic 8:17 11:24
systems 2:32
69:23,24,25,26,27
91:8
Saharan 3:2
Salvador 6:26 7:5 19:3
Samuel 91:31
Sanjay 90:23
SBT 97:26
Scotland 106:34
Secret 91:33
Secretariat 1:13,24
Secretary 31:8
Sedabey 69:5
September 2:34 76:7,16
91:5
Serbia 19:7,33 97:24
Similarly 93:28
Since 15:25 16:5 22:15
35:1 37:17,29 43:31
44:29 59:20 87:34
Sop 8:32 12:7
South 1:16 64:21 84:10
88:31 107:1
Spain 10:6,9 12:8
Spanish 8:11 10:7,10
48:11
Stanev 100:4,18,24,26
101:7 103:31 106:8
State 3:6,18,28,29
4:21,23,25,28,34
5:2,3 8:1,3 10:7
15:9,12,13,17,21,25
16:22,23,25
19:8,9,11,19,23
20:1,18 22:25,31 24:7
25:5,7 27:5,9 28:27
30:11 32:6,10,11,24
34:16
35:8,23,29,30,33
36:29 37:3
39:10,12,34 41:28
42:5,7,8,10,18 45:4
50:20,23,30 52:33 53
States 2:30 3:8,24 5:30
8:6 13:6,24,25 17:16
19:34 25:4,8 30:3
31:25 32:30 36:27
37:16,24
38:13,21,23,27
39:1,2,21 40:27
42:14,17,26,34 43:32
45:3 47:3 49:32
51:4,18,27,29
52:2,5,8 59:10,26
62:33 64:9 65:4,33
83:2 85:7 92:16
95:34 96:17
Steve's 28:26
Steve 69:2
Stig 69:32
Sub 3:1 38:20,27
49:16,18 62:8 109:34
Supreme 109:10,15
Syndrome 1:30
T
table 54:20 60:22 75:21
85:5 113:16
taboo 75:2
tacit 97:6
tactics 75:5
tailor 31:16
take 5:6 6:28 8:4,6 9:32
13:11,23 15:27
17:24,34 18:1
20:1,3,9,10 28:1
30:22 31:29 32:3
35:25,33 36:6 37:21
38:5 39:13 41:1,14
42:18,26 53:5 55:20
57:11 58:17 67:4
74:18 75:33 76:7
77:15 85:31 88:19
89:6 90:2 91:9 94:5
101:7 108:25,26
109:28 111:31
Premier Captioning & Realtime Ltd.
www.pcr.ie
taken 3:19 4:15 10:14
12:13,33 13:9,12,15
14:19 21:32
22:25,30,33 23:4
26:12,24 36:5,7 40:1
47:13,20 50:13 91:26
95:27 99:3
takes 15:20 17:13 34:13
41:23
taking 2:25 7:6,23 13:26
14:11,12,15 17:15
23:33 32:7 36:24
37:33 38:10 39:2,28
40:34 67:10 81:21
90:18 95:14 111:31
talk 4:14 19:13,14 24:13
43:15 49:15 51:2
52:23,25 53:25 54:34
55:12 57:3,25
60:20,32,33 61:32
62:15,27 63:3 64:4
65:19 67:14 69:23
73:33 77:21,27 78:10
85:4,23 91:21 98:4
talked 50:17 68:4 80:17
91:32 103:30
talking 19:18,27 31:1,2
56:6,18 58:23 60:28
61:11 62:26 63:3,17
64:2 65:9 67:19
69:30 70:27 72:18
75:32 83:3,16,20,21
85:2,19 89:11 105:1
targeted 7:29 9:16,29
64:17
targeting 72:25
task 40:25 52:23
tax 72:32
teach 23:7 67:4 89:10
teaching 70:4
team 33:30 49:26 94:28
teams 104:23
teased 99:32 104:34
107:13
technical 34:7 35:8 62:12
63:1 65:2
technique 99:13
techniques 99:13,23
technological 63:8
technologies 62:13
technology 64:10 81:16
tell 27:14 29:31 33:9
34:34 36:29 40:6
41:31 44:24 56:22,26
57:18 65:13 66:33
70:25,29 72:14
103:8,19
telling 60:34
tells 103:9
template 82:5
ten 10:13 73:27 102:21
tend 57:14 110:28
tendency 4:14
teres 83:15
term 63:15 76:21 81:25
109:8
terminology 8:21 24:8
25:19
terms 11:18 33:33 48:4
50:8 52:28
65:19,20,27 66:15
67:6 68:7 69:17
70:19 71:11,27,31
75:8 76:5 77:20
82:2,12,13,15 83:7,30
84:6,13,30 85:7,27
90:20,23 91:10
92:15,27
93:3,6,11,14,33,34
94:14,19
95:14,21,29,30 96:3
97:12,23,27,29 98:6
99:22,33,34 100:18,1
terrible 67:28
terrific 73:10
terrorism 99:9
test 30:33
testify 62:30
127
testing 81:15
text 23:1 93:10,11 109:34
111:2
than 7:20 19:32 35:33
42:13 45:7,17
50:24,31,33 51:4,6,26
56:7 58:24 64:16
65:14,17 68:19,30
69:32 70:5,13,34
71:27 73:18 74:14
77:9 86:10 88:5,31
89:12 96:3,19 99:29
105:2
thank 1:22 13:22
19:12,20,26 22:13,23
23:8 25:13 28:26
29:2,4,28,29 34:18
44:2 47:17,31,34
48:26,34 50:3,4,5
52:14,20 58:16 59:16
61:15 77:15,20 82:18
87:28 89:4 90:33
105:3,4 106:12
112:21 113:4,6,8,17
that 1:4,10,15 3:20
4:14,16,26,31,33
5:5,6,15,16,29,30
6:2,6,8,9,11,17,18,20,
24 7:1 8:5,6,20,26
9:11,13,16,27,30
10:2,7,9,11,12,13,14,
17,21,24,25,28,29,31
11:1,3,7,8,10,25,34
12:4,12,13,20,22,27,2
8,32,33 13:32,33,34
14:7,11,16,21,27,30
15:1,2,3,10,11,17,2
the
1:3,4,6,9,10,12,13,14,
15,17,18,20,23,24,27,
32
2:1,2,5,6,9,11,12,15,1
8,19,20,24,26,29,33,3
4
3:1,2,3,6,14,18,19,20,
21,24,27,28,30
4:1,2,3,7,10,11,13,14,
15,16,17,18,19,21,22,
23,26,27,28,33,34
5:2,3,6,9,10,11,12,13,
15,16,18,19,20,22,23,
26,30 6:3,8,12,13,1
theatres 108:6
their 2:3 3:20,24,29,30
4:2,6,14 5:7,9 6:32
7:6,22,23,25
8:15,16,29,32
9:6,7,32
10:7,11,23,31
11:10,13,19,20 12:13
14:13,22 15:27
16:18,25,27,33
17:4,7,23,27
18:13,17,20,24,26,27,
29 19:10,11,19,34
20:4,5,7,10,11,13,28
21:15,29 23:18 24:29
25:20 27:30,33 2
them 4:6 5:16 6:17
10:32,34 14:12 17:19
18:1,16,18,26,28
19:28,30 20:5,6,12
21:25 22:10,17
24:1,25,29
28:14,22,23,29,30,33
30:30 31:16,29
32:2,19,34 33:1
35:3,25 36:12,21
42:5,15,20 43:25 45:3
46:11 49:7,8 50:23,31
52:3 54:21 56:2,22,31
59:19,25,26 64:15
thematic 3:9,13
theme 77:20 92:3
themes 62:8
themselves 3:4 6:24 17:7
20:22,26 22:31 34:27
41:23 43:9,11,22
NUI Galway Summer School – 20 June 2013
46:12 50:25 54:29
68:29 75:12 76:25
86:24,31 93:19
108:25 109:2
theory 70:33
these 3:13 4:33 5:15
6:11,34 7:30 9:6
11:33 12:4 13:21
17:28 20:6 23:18
26:31 27:11,17 30:17
31:3 32:29 34:4,12,16
35:4,23 36:23 37:1
38:2,9,24 40:2
42:29,30,34
43:2,5,10,13,22
44:12,14,16,22,24
45:6
46:12,13,14,18,29
47:3,9 48:11 60:30,31
61:3 62:24 63:8
thesis 75:7,27
they'll 69:34
they 1:30 2:29,30,31
3:6,7,9,11,12,15,18,1
9,21
4:13,14,15,16,21,22,3
1 5:5,6,22,32
6:2,6,24,32
7:1,10,22,31
8:9,27,30,33
9:10,11,13,32
10:3,8,9,13,17,23,28,
31,34
11:1,3,7,10,14,15,18,
19,20 12:3,4,18,19,33
13:21,29,30
14:2,7,9,11,12,22,26,
27,29,30,34 15:1,1
thing 25:1 28:26 30:27
34:23 35:29 38:20
40:23 45:16 49:25,30
53:10 60:14,28 79:14
88:11 94:19 96:26
97:16 100:23 104:5
105:17 108:1 110:10
113:8
things 4:33 27:17
30:11,12 32:24 33:9
35:24 40:18 49:8
65:1 67:13 68:7,9
69:15,19 70:28 71:6
72:20 73:32 76:30
78:23 79:20 80:8,16
82:30,34 84:18
85:12,20 89:30 91:29
93:9,23,31 101:30
105:26
think 2:24 7:20 9:11
13:26 14:7 16:9
19:18 20:30 22:1
26:25 28:34
29:2,5,7,8,22,29 30:6
32:17
33:8,10,16,21,32,34
34:1,8 38:27,28 39:15
40:11 42:9,21 43:27
48:3,5,12,29 49:3,4,7
50:8 54:23,31
55:11,27 56:32
57:2,17,29,33
58:10,25,29
59:2,6,9,11,17 60:3,4,
thinking 5:17 28:15 54:1
66:16 67:9 71:31
72:6 75:29 78:5
81:11 85:16 93:6
103:32 107:31
thinks 71:11
third 13:21 32:14 34:15
41:19 72:31 110:22
this 1:12 2:15,18,33,34
3:12,33 5:6,29 6:25
7:25 8:1,14,18 9:9,19
12:8,10 13:1,9 15:6
16:21 17:10,30,33
18:17 19:24 20:22
21:2,7 22:19 23:24
25:6,13,31 26:28
27:17,22,25,28
29:5,33,34
30:3,18,21,24,30
31:2,3,9,13,19,21,29,
32
32:3,6,10,17,29,31,33
,34 33:8,
thoroughly 113:5
those 7:1 8:2 10:14,29
12:21 13:23 14:4,24
16:15 17:7,25 18:3,5
19:23,30,31,33 20:21
21:31 22:27 23:34
24:18,20,33 25:5,27
27:24 28:18 32:7
34:12 43:18 45:13
51:4 52:12 59:21,30
60:4,16 64:14,23
66:29 72:31 75:3
77:3 78:2,8 79:22
80:26 81:16 84:24
90:26 9
though 77:14 84:8 92:29
93:10 101:25 104:10
thought 1:26 59:2 63:30
64:16 66:22 70:5
82:30 89:10 93:25
thoughtful 71:32 89:12
thoughts 74:17 82:31
107:15
thousand 66:10
thousands 12:3
threatening 26:4
three 3:11 13:32 14:1
29:21 32:4,22 34:14
49:9 51:21 55:31
57:5 58:18 60:10
61:10 65:16 68:3,4,5
70:30 72:3 82:27
107:32 110:11,19
threshold 100:19
through 1:19 2:23
7:16,17,23,25 10:30
15:29 18:28
19:2,17,34 20:14 23:7
27:21 29:7 39:6
41:21 46:2 52:29
59:22 64:16 65:2
69:27 71:31 79:22
82:34 83:14 84:5,19
85:25 91:21,30 93:13
94:11 106:28 113:16
throughout 2:15 8:32 9:6
22:3 41:1 46:23
96:9,22 100:5 106:33
throw 91:12
thus 74:12 90:11
tie 83:8
tied 83:8
till 76:10
time 1:4 5:22 8:34 11:18
15:22 16:10,32
17:6,15,18,20,21
18:10 21:31 26:10,26
29:3,18,24
30:14,22,27 35:4,26
37:7 38:2 39:5
40:9,12 41:33
42:16,19 46:33 47:31
48:22 49:7,21
50:11,14,18,22,29
51:13,16 52:11,14
56:27 61:8 63:10
64:27 65:11,33
67:7,23 71:11
timeframe 8:1
timekeeping 113:9
timer 50:11
times 11:13 29:23 30:30
74:18 77:6 100:5
110:24
tips 27:33
today's 113:9
today 1:10 35:23
52:23,25 53:33 55:3
59:24,27 61:29,32
65:25 84:34 88:7
113:10
together 6:16,18 7:10
16:26 17:11 18:16,27
28:2,14 52:11
53:13,17 54:13
55:21,30 64:27
75:12,15,17
76:8,25,26 77:4 83:12
toilet 101:24
toilets 100:13
tokenism 60:19
tokenist 56:7
tokenistic 53:23
told 53:16 56:21 87:32
91:11
tonight 110:19 113:7,11
too 18:25 41:31 48:23
52:2 62:34 81:12
91:10,11,12 94:31
101:17,25 113:1,2,6
took 13:30 18:25 20:26
21:30,31 31:21 51:12
57:10 76:19 79:9
81:32 99:17,18
101:27 102:1,4,5
tool 57:17 59:29,30,31,33
60:2 70:7 86:2
top 21:6,13 25:23 60:29
64:31 67:29 72:17
77:22,25 78:27 85:14
torture 1:19 9:10,19 11:9
24:16 25:31 26:29
28:5 40:10 50:29
91:17,19,23,27
92:7,10,12,14,18,28,3
1 93:4,33
94:4,8,9,11,18,20,22
95:7,8,10
96:6,8,11,12,15,20,24
,25,27 97:11,13,19,34
98:1,5,7,23,28,30,31
99:2,4,23
100:8,20,25,31,34
104:6,8,16,20,26
105:16,1
tortured 98:24
totally 106:8
tougher 68:25
toward 24:20 110:22
towards 71:2,6 85:24
101:2 107:8,27
traces 91:32
track 72:24 75:5
traction 89:34
traditional 53:1
69:24,25,27 70:27
71:4
traditionally 63:7 104:17
tragedy 69:9
tragic 102:15
train 81:22,33
trained 34:4
training 4:32 8:5 11:30
18:26 21:18 24:7
40:19 53:15 60:2
62:11 64:3,5 79:13,25
87:11 103:15
transcribing 110:22
transfer 101:21
transition 110:6
translatable 81:17
translate 68:8 76:10
translated 14:14
15:17,18 18:3 33:25
69:27 103:30
translates 14:7 71:21
73:6,34
translating 68:8 79:14
transparency 55:1
transparent 53:11 59:21
transport 88:12
transversely 23:21
travel 96:8
treat 66:34
treaties 31:10 33:34
34:20 35:14 51:14
59:19
treatment 26:14 27:9
81:15 91:12,17,23,27
92:7,10,19,28,31
93:5,14,33 94:5
95:8,11,16,19,24
97:34 98:6,31
99:2,24,27 100:8,20
102:23,26 104:6,8
105:22,26
107:22,27,34
108:2,10 110:29
111:2,7,17
112:1,2,8,13,15,17,18
treaty 1:13,14 2:11 4:13
5:16,20 11:6,8 14:4
24:14,22,32,33,34
25:4 27:18,22,24
28:3,21 29:8 31:6
40:9 43:31 49:20
50:32 59:26 78:5,16
tree 88:15
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you'll 104:16
you're 29:33 65:6 92:33
you've 110:20
you 1:9,21,22,26
2:18,23,24,25,27
10:17 12:32 13:22
14:3 15:3 18:6
19:10,12,13,14,20,22,
23,26,27
22:1,7,10,12,13,23
23:8,10,12 24:10
25:10,13,14,22,28
26:11,13,18,22,25,26
28:22,26
29:2,4,8,11,13,25,28,
31,33 30:28,29
31:2,13,21
32:1,2,3,25,29,34
33:1,8,9,
young 81:28
your 7:32 19:7 22:12
25:22 28:26,32,33
29:2,13 30:33 33:11
NUI Galway Summer School – 20 June 2013
34:14 40:5 44:2,5
49:8 50:6 59:13
60:13 61:16 66:34
67:15 68:15 72:28
73:9 74:27 77:9
80:16 90:19
101:28,31
106:12,19,22
107:17,29 110:13,27
113:6
yours 48:7
yourself 110:1
youth 87:21
Yen 82:22 85:31,33
87:31,34 88:4
89:6,8,16 90:33
Yes 13:23 14:29 21:9
22:1 28:27 34:18
43:34 44:28 46:9
73:22 76:27 80:4
101:28 102:27 103:5
109:20 112:21
York 19:31 65:25
76:7,18 100:34
Z
Zafa 77:5
Zambia 57:5 60:31 67:20
71:15 77:5 81:27
Zealand 56:10,15,21,33
... 25:14,27 88:9 105:21
110:16 112:14,17
000 21:28 57:27
66:10,23,29
000s 50:21
100 110:11 113:2
1215 98:9,21
12th 98:16,19,24
132 69:14
1600 57:27
1920s 100:27
1932 65:24
1937 91:33
1970s 107:10
1990s 51:13
1991 42:34 59:24
1997 78:10
2000 42:33 75:14
2002 64:27
2003 100:24,25
2004 78:15
Premier Captioning & Realtime Ltd.
www.pcr.ie
2005 88:4
2006 59:20 64:23 94:19
2007 54:6
2008 55:3 56:10 64:23
95:16
2009 3:11 93:21 106:23
2010 3:11 50:9 57:6
2011 30:2 96:25 97:32
2012 91:5 96:24,25
100:23
2013 1:1
2015 64:29 75:19 85:5,26
205 96:16
130
20th 1:1
29737 25:18
33s 52:8
342 96:15
3rd 98:9,10,19
500 88:7
80s 96:7
90s 42:33 43:31 50:17